COMPREHENSIVE INDEX TO ALL SUPREME COURT 2002 DECISIONS

 

ACCIDENTS - Negligence - Proof - Since no evidence was adduced to show that respondent was negligent in fuel explosion - The accident was rightly held to be inevitable (H6) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

ACTIONS - Admiralty - Ship agent - Liability of - Proof - To have a cause of action against the agent - The act or default complained of must be in respect of anything done in Nigeria by the ship - And same must be alleged and proved (H4) M.V. Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

ACTIONS - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

ACTIONS - Appeals - Filing - Applicable laws - Filing of initial appeal is governed by Court of Appeal Act - While filing additional grounds is governed by the Court’s rules - Thus noncompliance with the Act is fatal - But noncompliance with the rules is mere irregularity (H2) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

ACTIONS - Appeals - Institution - Juristic personality - Failure to prove - Fate - Since respondent failed to prove juristic personality - The action should be struck out (H4) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

ACTIONS - Appeals - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

ACTIONS - Cause of action - Lack of - Fate - Since Exhibit A did not provide for consent of parents prior to school fees increment - Plaintiffs have no standing to complain (H4) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

ACTIONS - Cause of action - Nature of - The action is on return of respondent’s documents - Hence there is no need to prove commission of crime (H4) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

ACTIONS - Charitable trusts - Proper parties - Attorney-General is a necessary party - As suits instituted by parties other than him will be dismissed (H1) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

ACTIONS - Civil cases - Proof - Onus of - Onus is always on plaintiff to prove his case - To the satisfaction of trial court (H1) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

 

ACTIONS - Claim - Failure to prove - Effect - Since 6th defendant failed to prove his entitlement to claim (b) - The same shall be struck out for vagueness (H19) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

ACTIONS - Claim - Proof - Since claim for injunction is not founded on declaration sought - And with no facts in support - The claim must be refused (H3) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

ACTIONS - Claim - Refusal - Basis - Federation account - Claim for account from 1999 and copies thereof - The claim is refused - Since it is wide and impossible to supervise (H6) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

ACTIONS - Claims - Basis - It is clear from claim before court - That Aba Boko is the settlement in dispute - As it is wrong to impute what respondents did not make as their case (H2) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

ACTIONS - Commencement - FEPA Act s.29(2) - Breach - Failure to complain - Since FEPA did not question competence of the suit - It is deemed to have waived protection conferred on it by the statute (H4) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Commencement - Presumption of regularity - Plaintiff who commenced action which on the face is competent - Is deemed to have invoked presumed jurisdiction of court (H3) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Companies - Right of action - CAMA s. 425 - Liquidator in a winding up by court - Shall have power to bring or defend - Action on behalf of a company (H10) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

ACTIONS - Company law - Actions - Commencement - Proper party - Foss v. Harbottle - Proper plaintiff in action for wrong done to company - Is the company itself (H1) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

ACTIONS - Company law - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

ACTIONS - Constitutional law - Tax revenue - Claim - Refusal - Basis - Claim 5 is refused as there is no claim like s. 162(i)(iv) but rather s. 162(1)(4) - And National Assembly is yet to pass law in respect of the claim (H4) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

ACTIONS - Contracts - Conditional contract - Enforcement - Action cannot be maintained to recover expenses - Incurred during negotiation of such contract (H6) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

ACTIONS - Counter claim - Parties - Non joinder - Effect - Non joinder of all defendants in each counterclaim - Will not defeat the counterclaim (H10) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

ACTIONS - Counterclaim - Evidence - Failure to adduce - Effect - Since 8th defendant did not aver - That his request for account was refused by plaintiff - The claim shall be dismissed (H21) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

ACTIONS - Court processes - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

 

ACTIONS - Courts - Appeals - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

ACTIONS - Courts - Discretion - Exercise of - Basis - Party applying to the court to exercise its discretionary power in his favour - Must put up convincing argument - To show he is entitled to decision applied for (H2) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

 

ACTIONS - Courts - Evidence - Evaluation - Correctness of - Trial court rightly evaluated evidence - As plaintiffs are entitled to take advantage of evidence for defendants - That support their case (H4) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

ACTIONS - Courts - Hearing - It is the duty of judge to facilitate the hearing - Of action pending before him (H1) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

 

ACTIONS - Courts - Issues - Binding nature of - Court cannot grant party relief not sought - As it has no jurisdiction to set up different or new case - For parties (H5) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

ACTIONS - Courts - Issues - Binding nature of - Resolution - Court must limit itself to issues at stake - And should refrain from indulging in extraneous matters (H2) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

ACTIONS - Courts - Justice delivery - Courts should aim at doing substantial justice - And allow formal amendments - Necessary for achievement of justice (H2) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

ACTIONS - Courts - Land law - Locus in quo - Visit to - Exercise of discretion - Order to conduct the visit in action de novo is inappropriate - As new trial judge has discretion whether or not to conduct such visit (H7) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

ACTIONS - Crime - Allegation of - Standard of proof - By s. 138(1) Evidence Act - Where commission of crime by a party is in issue - Such must be proved beyond reasonable doubt (H5) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

ACTIONS - Crime - Proof - Standard of - As crime was not directly in issue - Standard of proof required is on balance of probability - Or preponderance of evidence (H6) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

ACTIONS - Cross action - Proof - Burden of - Defendants who were plaintiffs in the cross action - Had equal burden as plaintiffs in main action - To prove their case (H5) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

ACTIONS - Cross action - Proof - Where main action fails - It does not imply that cross action succeeds - Unless findings are made in favour of the cross action (H6) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

ACTIONS - Debt - Commercial law - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

ACTIONS - Discretionary reliefs - Denial - Where party has been denied the reliefs - On grounds other than grounds of his conduct - The question of his proper or improper behaviour is irrelevant (H7) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

ACTIONS - Estoppel - Res judicata - Applicability - Where a question is determined to finality - Even if such did not determine rights and liabilities in a suit - Doctrine of estoppel will still be applicable (H5) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

ACTIONS - Estoppel by standing by - Application - Person who stands by and sees his battle fought by others - Instead of applying to be joined as defendant - Is bound by the result arising therefrom - And estopped from reopening issues determined therein (H4) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ACTIONS - Evidence - Number of witness - All parties to an action must not give evidence - As parties are free to pick witnesses - They think can give cogent evidence in proof of their case (H3) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

ACTIONS - Fair hearing - Bias - Issue of bias cannot be raised - Simply because Akintan JCA had participated in earlier case between the parties - On a different issue (H10) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

ACTIONS - Fair hearing - Fundamentality of - Breach of fair hearing nullifies the whole proceedings - No matter how well conducted (H1) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

ACTIONS - Institution - Limitation - By s. 110 Ports Act - Appellant must file suit within 12 months next after default - And must give one month prior notice to respondent (H10) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

ACTIONS - Institution of - By proxy - Competence - Since the agent sued in his principal’s name - The Action is deemed properly constituted (H4) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

ACTIONS - Institution of - Proper party - Since the present action was not filed by proper plaintiffs - The same is deemed incompetent (H3) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

ACTIONS - Interlocutory judgments - Correctness of - The judgment is proper - As claims are for unliquidated damages (H1) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

ACTIONS - Judicial precedents - Application for committal - Authorities - Distinction - Okotie-Eboh v. Okotie-Eboh - Present action differs from the case law - Because the application was not determined on merit (H10) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

ACTIONS - Judicial precedents - Declaration of right - Basis - Wallersteiner v. Moir - Court makes such declaration upon satisfactory evidence - That plaintiff is entitled to such right (H4) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

ACTIONS - Judicial precedents - Ekwuno v. Ifejika - Decision reached - Supreme Court did not decide that a number of natural persons - Are not legal personae - And cannot therefore be subject matter of an order of court (H10) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ACTIONS - Juristic personality - Amendment of writ - Trial court wrongly exercised its power under O. 32 - Because plaintiffs did not apply for amendment - Even after objection was raised to 1st defendant being sued in the name of a non juristic person (H1) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

 

ACTIONS - Land law - Trespass - Right of action - Conflicting possession - Where two parties claim possession of a piece of land - Trespass will be at the suit of party - Who can show that title is in him (H7) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

ACTIONS - Land law - Trespass - Right of action - It is only a person in possession of land - That can maintain an action for damages for trespass (H6) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

ACTIONS - Land law - Trespass - Right of action - Where there are conflicting titles - Person in possession can rightly maintain action - For damages for trespass (H6) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

ACTIONS - Legal practitioners - Submissions - Made without authority - Fate - Such submission is rejected - Since no authority supports contention - That appellant cannot appeal against acquittal order by Court of Appeal (H3) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

ACTIONS - Limitation - Concealed fraud - Where such fraud is involved - And no laches is established on the part of person defrauded - No length of time can be a bar to relief (H3) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

ACTIONS - Limitation period - Denial of - Odubeko v. Fowler - Where plaintiff denies the limitation period - Defendant must prove his averment by evidence (H12) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

ACTIONS - Locus standi - Lack of - Basis - It is only legal person or body capable of suing or being sued - That can possibly lack locus standi - To bring particular action (H4) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

ACTIONS - Mortgages - Right to sell - Lack of good faith - Proof - Where action is to set aside sale of mortgaged property - By reason of lack of good faith of receiver - Collusion with purchaser must be established (H7) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

ACTIONS - On behalf of infants - Proper endorsement was not followed on the court processes - Which default was fundamental and not mere technicality (H5) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

ACTIONS - Orders of court - Enforcement of - Applicable laws - Uhunmwangbo v. Okojie - The relevant laws are Sheriff and Civil Process law s.71 & Judgment Enforcement Rules O.9 r.13 - Hence trial court and Court of Appeal were wrong to have relied on English rules of procedure (H2) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

 

ACTIONS - Ouster clause - Special Tribunal Decree 1984 s. 8(1) - The section stipulates that where the tribunal acts within its jurisdiction - No proceeding shall be instituted in any court - On account of any thing done pursuant to the Decree (H4) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

ACTIONS - Parties - Listing - Reason for - A person is included in action - So that he should be bound by result arising therefrom - And interested person who stands by - Is also bound by such result (H11) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

ACTIONS - Parties - Proof - Party can rely on relevant authorities to prove his case - And needs not wait to know how case of adverse party is proved (H11) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

ACTIONS - Parties - Right to legal representation - Party to a suit has right to a legal practitioner of his choice - To defend his interests in any matter (H1) Comptroller Nigerian Prisons Services v. Adekanye (3) (2002) 7 KLR (pt. 143) 2219; (2002) 15 NWLR (Pt. 790) 362

 

ACTIONS - Party - Striking out of - Effect on competence - The suit should have proceeded against other defendants - Irrespective of striking out of 2nd defendant (H7) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Pleadings - Dismissal - Contradictory evidence - Plaintiff’s claim should have been dismissed - On the ground that his evidence was at variance - With averments in the amended statement of claim (H4) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

ACTIONS - Pleadings - Statute of limitation - Need to plea - Whenever a statute is relied on as a bar to an action - Same should be specially pleaded (H1) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

ACTIONS - Pleadings & findings - Sufficiency of - Determination - Sufficiency of pleadings and of findings in a case - Are determined by the cause of action (H5) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

ACTIONS - Power of Attorney - Authority to act - A proper construction of exhibit B - Empowers the attorney to take legal action to protect plaintiff’s shareholding in the company (H3) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

ACTIONS - Power of Attorney - Right to sue - Restriction of - Rightful complainant - Where power of attorney does not empower donee to sue - It is the donor who should complain (H2) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

ACTIONS - Practice & procedure - Default defence - Judgment - Correctness of - High Court Rules of Lagos O. 24 r. 11 - Court was right to base its decision on statement of claim (H2) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

ACTIONS - Preaction notice - Court processes - Distinction - Preaction notice is for benefit of person to be served - And should not be equated with processes - Which are integral part of proceeding (H5) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Preaction notice - Failure to serve - Effect - Suit commenced in default of service - Is incompetent as against party not served - Provided he challenges competence of the suit (H1) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Preaction notice - Non compliance - Effect of - Noncompliance does not abrogate plaintiff’s cause of action - But gives defendant right to insist on regularity of the notice (H2) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

 

ACTIONS - Preaction notice - Non service of - Objection to - Defendant may raise objection when served with writ of summons - Or may plead same in statement of defence (H5) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

 

ACTIONS - Preaction notice - Right to - Waiver - Defendant may decide to settle with plaintiff - Or waive his right to notice - In order to confront plaintiff (H3) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

 

ACTIONS - Preaction notice - Service of - Status - Service of the notice on party is procedural requirement - And not an issue of substantive law - On which rights of plaintiff depend (H2) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Preaction notice - Status - Giving of notice has nothing to do with cause of action - Since it is procedural requirement - And not a substantive element (H1) Eze v. Okechukwu (2002) 12 KLR (pt. 150) 3377; (2002) 18 NWLR (Pt. 799) 348

 

ACTIONS - Proper parties - Determination - Any party whose interest is affected directly - If reliefs claimed are granted - Is proper party to a suit (H6) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

ACTIONS - Public policy - Consideration of - Court should consider whether to allow a claim will be contrary to public policy - Or a denial of same will amount to injustice (H8) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

ACTIONS - Representative action - Authorization - Authority to sue or to defend in such capacity - Must be given by other persons interested in suing or defending - Otherwise the action stands in personal capacity (H5) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ACTIONS - Representative action - Authorization - Proof - There must be evidence of authority to sue or defend - Given by persons being represented in the suit (H7) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ACTIONS - Representative action - Continuity of - Death of person suing or defending in representative capacity - Does not bar others having interest in such action - From continuing with same (H1) Okoli v. Okoli (2002) 4 KLR (pt. 137) 1005

 

ACTIONS - Representative action - Essential feature - Essence of such action is that representative and persons represented - Must be shown to have common interest in subject matter of the suit (H6) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ACTIONS - Right of action - 1999 Constitution s. 6(6)(b) does not confer locus standi independently - As plaintiff’s claim must also disclose cause of action (H2) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

ACTIONS - Statutes - Interpretation - Application of law to facts - When faced with such issue - Judge must inter alia - Identify how the meaning thereof - Relates to case in controversy (H7) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

ACTIONS - Title - Adverse possession - Limitation law - Right of an owner becomes extinguished - After twelve years of clear adverse possession - And he cannot seek declaration of title (H6) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

ACTIONS - Title - Claim by adverse possession - Basis - To succeed claimant must establish - That the title holder has been dispossessed - For the specified statutory period (H5) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

ACTIONS - Torts - Detinue - Proof - To succeed in an action for detinue - Plaintiff must establish wrongful detention of his chattel by defendant (H4) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

ACTIONS - Torts - Negligence - Ingredient - Proof - To succeed plaintiff must prove that defendant owed him a duty of care - Which was breached - And that he suffered damages from the breach (H1) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

ACTIONS - Trademarks - Infringement - Burden of proof - Plaintiff must prove that he has definite cause of action - By showing that Exhibits 2 & 5 are made from Exhibit 1 - And not that the products are merely similar (H4) Uzokwe v. Densy Industries Nig. Ltd. (2002) 7 KLR (pt. 146) 2517; (2002) 2 NWLR (Pt. 752) 528

 

ACTIONS - Words & phrases - Public officers - Meaning - Ibrahim v. Judicial Service Committee - Public officers not only refer to natural persons sued in their personal names - But also to artificial persons sued in their official names (H3) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

ACTIONS - Writ of summons - Amendment - Commencement - Amendment takes effect from date on original document - And action continues as if amendment had been inserted from the beginning (H1) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

ADJOURNMENTS - Judgments - Delivery - Time limit - Where an application is made at conclusion of evidence and addresses - Three months period starts from date court adjourns for judgment (H2) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

ADMINISTRATION OF ESTATES - Orders of court - Competence of - Since there was no proof of adoption of the children by deceased - Trial court’s order including them as beneficiaries must be set aside (H3) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

ADMINISTRATIVE LAW - Actions - Refusal - Basis - Federation account - Claim for account from 1999 and copies thereof - The claim is refused - Since it is wide and impossible to supervise (H6) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

ADMINISTRATIVE LAW - Courts - Exercise of discretion - Writ of mandamus - Grant - Court may not overrule discretion not to perform public duty - And may also refuse to order mandamus - On the ground that granting the order will serve no useful purpose (H5) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

ADMINISTRATIVE LAW - Courts - Judicial acts - Validity - It is presumed that formal requisites for validity of such acts were complied with - Provided the acts were done in substantially regular manner (H4) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

ADMINISTRATIVE LAW - Police - Discretion - Exercise of - Criminal investigation - Police has discretion on whether or not to investigate allegation of crime - And such may be exercised depending on their capability - And overall interest of the society (H1) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

ADMINISTRATIVE LAW - Police - Duty - Definition - Police Act s. 4 - Duty of the police cannot be defined as ministerial - Since it is not a simple one imposed by the law (H2) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

ADMINISTRATIVE LAW - Police - Exercise of discretion - Investigation of crime - 1999 Constitution s. 188 - The section provides no reason for police - To refuse an investigation of alleged crime in appropriate circumstance (H3) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

ADMINISTRATIVE LAW - Primary education - Provision of - The function is left for State government - Local government only participates in provision and maintenance (H15) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

ADMINISTRATIVE LAW - Statutes - Performance of duty - Regulated by statute - Method - When procedure for carrying out a matter is provided in statute - Party must comply with the provisions (H6) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

ADMIRALTY - Admiralty Marshal - Duty of - He sells vessel for a reasonable price - And where judgment debtor or creditor conceives that the duty is breached - Remedy is not to seek rectification of bill of sale (H6) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

ADMIRALTY - Courts - Findings of facts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts’ approach to determination of the carrier’s liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

ADMIRALTY - Debt - Commercial law - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

ADMIRALTY - Evidence - Misdirection in - Effect - Misdirection in regard to date when the vessel arrived - When the material issue is date when same was discharged - Is inconsequential (H2) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

ADMIRALTY - Jurisdiction - Invocation - Condition precedent - Admiralty jurisdiction of Federal High Court cannot be invoked - Once goods carried by ship have been discharged in the harbour (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

ADMIRALTY - Ship agent - Liability of - Proof - To have a cause of action against the agent - The act or default complained of must be in respect of anything done in Nigeria by the ship - And same must be alleged and proved (H4) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

ADMIRALTY - Ship agent - Liability of - Though agent is not vicariously liable for default of his principal - But by s. 16(3) Admiralty Jurisdiction Act - Agent may be personally liable - In respect of anything done in Nigeria (H3) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

ADMIRALTY - Vessel - Power of sale - Merchant Shipping Act s. 322 - Admiralty Marshall acting pursuant to order of court to sell - Can transfer ship as if he was the registered owner (H5) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

AFFIDAVITS - Averments - Not controverted - Since plaintiff failed to deny averments in the penultimate paragraphs - The paragraphs are deemed admitted (H4) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

AFFIDAVITS - Court processes - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

 

AFFIDAVITS - Court processes - Service - Proof - Where service is in dispute - Bailiff can swear to an affidavit of service - Although a certificate of service is not an exclusive means of proof (H2) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

AFFIDAVITS - Courts - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

AFFIDAVITS - Criminal procedure - Indictment - Application to quash - Determination - Depositions made by potential witnesses and accused must be read - So as to find if there was prima facie case - For accused to answer (H6) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

AFFIDAVITS - Depositions - Counter-affidavit - Failure to file - Effect - Defendants are deemed to have admitted facts in affidavits - And court is to rely on same (H1) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

AFFIDAVITS - Depositions - Source - Need to disclose - Deponents must state source of their information - As court will not act upon such evidence - Save where corroborated by witness from personal knowledge (H12) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

AFFIDAVITS - Jurisdiction - Determination - Basis - Jurisdiction of Awka High Court over the suit - Shall be determined from oral or affidavit evidence available (H1) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

AFFIDAVITS - Jurisdiction - Issue - Objection to - Jurisdiction can be taken on the basis of statement of claim - Evidence received - Or by motion supported by affidavit - Giving facts upon which reliance is placed (H4) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

AFFIDAVITS - Maritime law - Seashore - Ownership of - Proof - Affidavit evidence of littoral States - Is insufficient to prove their ownership of the sea (H7) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

AFFIDAVITS - Pleadings - Counter affidavits - Refusal of - Propriety - Courts were right to refuse use of the affidavits - Since facts of the matter are not disputed - And arguments were based on law (H5) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

AFFIDAVITS - Pleadings - Evidence - Adducing of - Failure of plaintiff to adduce affidavit evidence - Is not fatal to his case - As court is being called upon - To determine matter of law (H3) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

AGENCY - Actions - Institution of - By proxy - Competence - Since the agent sued in his principal’s name - The Action is deemed properly constituted (H4) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

AGENCY - Admiralty - Ship agent - Liability of - Though agent is not vicariously liable for default of his principal - But by s. 16(3) Admiralty Jurisdiction Act - Agent may be personally liable - In respect of anything done in Nigeria (H3) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

AGENCY - Agent of foreign principal - Personal liability - Where an agent contracts on behalf of a foreign principal - It is presumed that he is personally liable - Unless a contrary intention appears (H4) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

AGENCY - Banking - Federal Mortgage Bank - Status - The bank is mere business organization given functions to perform - As nothing in its Act suggests that it is an agency of the Federal Government (H1) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

AGENCY - Contract - Agent - Liability - Agent of a disclosed principal is not personally liable - On a contract he enters on behalf of the principal (H6) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

AGREEMENTS - Banking - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

AGREEMENTS - Condition precedent - Binding nature of - Once a condition precedent is incorporated into an agreement - That condition precedent must be fulfilled - Before effect can flow (H6) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

AGREEMENTS - Contracts - Discharge of - Means - Contract may be discharged by performance - Express agreement - Or by doctrine of frustration - And also by breach (H11) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

AGREEMENTS - Contracts - Documents - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

ALIBI - Particulars of - Proof - Accused must disclose the particulars at the earliest time - So as to put the burden on police - To deal with them with some finality (H2) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

ALIBI - Plea of - How to raise - Accused must raise the defence promptly and properly - And burden of proving the offence - Does not shift to accused (H9) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ALIBI - Plea of - Sustainability - To sustain the plea - Accused must give adequate particulars of his whereabouts - At time of the commission of the offence (H7) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ALIBI - Proof - Burden of - It is not for accused to prove the defence - Prosecution must disprove same - As part of its duty to prove the offence - Beyond reasonable doubt (H8) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ALIBI - Proof - Prosecution evidence - Effect - Where prosecution leads unassailable evidence - Which shows that accused was at crime scene - The defence collapses (H11) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ALIBI - Proof - Standard of - Where prosecution adduced evidence to disprove the defence - It is left for accused to discredit such evidence - Based on balance of probabilities (H10) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

APPEALS - Actions - Institution - Juristic personality - Failure to prove - Fate - Since respondent failed to prove juristic personality - The action should be struck out (H4) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

APPEALS - Additional grounds - Filing - Objection to - Failure to raise - Effect - Since appellant did not object on the time frame within which the grounds were filed - He is deemed to have waived his right - To object to the appeal on that point (H3) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

APPEALS - Basis - As ruling of the trial court was not based on provisions of the African Charter of Human Rights - Appeal to Court of Appeal cannot be predicated on the Act (H3) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

APPEALS - Briefs - Format - Supreme Court Rules O.6 r.5(1) - The rules provide for format and component of brief - Hence respondents’ brief ought to follow the laid down guidelines (H1) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

APPEALS - Briefs - Objection to - Failure to reply - Effect - Since appellants failed to reply to the objection - They are deemed to have accepted same as meritorious (H9) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

APPEALS - Committal orders - Validity of - Since 2nd & 5th defendants have ceased to be parties at Court of Appeal - The orders were made in error and should be set aside (H8) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Competence - Grounds - Mixed law & facts - By s.233(3) 1999 Constitution - Leave is required to file such grounds - Otherwise the appeal is incompetent (H1) Central Bank of Nigeria v. Okojie (2002) 3 KLR (pt. 135) 537; (2002) 8 NWLR (Pt. 768) 48

 

APPEALS - Competence - Issues - Propriety of raising - The issue can be raised in Supreme Court - Because appellate court will not exercise jurisdiction - Over person who is not a party to the proceedings (H6) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Concurrent finding of facts - Supreme Court does not interfere with such findings - In so far as same were based on evidence - Placed properly before courts (H4) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

APPEALS - Concurrent findings - Appellate court should not disturb such findings - Unless the findings are perverse - Or are based on wrong proposition of law (H2) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

 

APPEALS - Concurrent findings - No special circumstance exists to interfere with findings made by the HC & CA - Based on facts adduced in evidence (H2) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Save if the findings are perverse (H1) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Unless there is some miscarriage of justice - Or violation of principle of law or procedure (H1) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Save where there is violation of principles of law - Or that such findings are perverse (H7) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Save the findings are found to be perverse - Or has caused a miscarriage of justice (H2) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Unless such findings are perverse - Or an error of substantive or procedural law was perpetrated (H2) Okekearu v. Tanko (2002) 9-10 KLR (pt. 147) 2929; (2002) 15 NWLR (Pt. 791) 657

 

APPEALS - Concurrent findings - Supreme Court does not interfere - Unless there is miscarriage of justice - Or a violation of some principles of law or procedure (H7) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Since there are no special circumstances warranting interference (H3) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Since lower courts rightly made findings - On traditional evidence of parties (H7) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Since the findings are not perverse - And has not led to miscarriage of justice (H3) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Except if such findings are perverse - Or there was a substantial error (H3) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Since appellant failed to impeach findings of the lower courts (H7) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

APPEALS - Concurrent findings - Supreme Court will not interfere - Since no exceptional circumstances are shown - To justify such interference (H5) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

APPEALS - Concurrent findings - To justify intervention by Supreme Court - Appellant must show that the findings were made erroneously - Or were arrived at through wrongful evaluation of facts or applicable laws (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

APPEALS - Concurrent findings - Where such findings are unimpeachable - Supreme Court will not interfere (H3) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

 

APPEALS - Concurrent findings of fact - Supreme Court does not interfere - Except where there are exceptional grounds - And none exist in this case (H13) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

APPEALS - Concurrent judgments - Supreme Court does not interfere - Save there is established miscarriage of justice - Which does not exist in this case (H2) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

APPEALS - Conflict of laws - Statutes - Rules of court - Neither Supreme Court Practice Direction nor rules of court - Can override statutory provisions (H4) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

APPEALS - Contracts - Misconception - Effect - Where an appellate court misconceives appellant’s case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

APPEALS - Court - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Court - Decision - Interference - Court of Appeal rightly refused to interfere with decision of trial judge - More so as appellants have not shown that the court was wrong (H2) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

 

APPEALS - Court - Findings - Misdirection in - Conclusion made by Court of Appeal is a misdirection - Which has occasioned a miscarriage of justice (H1) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

APPEALS - Court - Issues - Suo motu raising - Propriety - Court of Appeal was in error for failing to give counsel time - To prepare for address on the issue raised suo motu (H1) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

 

APPEALS - Court of Appeal - Exercise of discretion - Correctness of - The court exercised its discretion judicially and judiciously - In accordance with justice and relevant considerations (H6) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

APPEALS - Courts - Academic issues - Fate - Where a question before court is entirely academic or speculative - Appellate court will decline to decide the point (H12) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

APPEALS - Courts - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

APPEALS - Courts - Discretion - Exercise of - Interference - Appellate court will not interfere with the discretion of trial court - Unless where such discretion was exercised upon wrong principle - Or was tainted by substantial irregularity (H4) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

APPEALS - Courts - Evidence -Findings of trial court - Substituted with Doctrine of recent possession - Correctness of - Since there is direct evidence before trial court - Court of Appeal wrongly introduced the doctrine (H4) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

APPEALS - Courts - Exercise of discretion - Except where lower court did not exercise discretion in good faith - Or has acted arbitrarily - Supreme Court shall not substitute its own discretion (H3) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

 

APPEALS - Courts - Exercise of discretion - Where Court of Appeal in exercise of its discretion orders a retrial - Supreme Court will not interfere - Save where such discretion was contrary to justice (H4) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

APPEALS - Courts - Findings of fact - Binding nature of - Unless special circumstances exist - No appellate court should substitute its own findings - For those of trial court (H1) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

APPEALS - Courts - Findings of facts - Interference - Unless special circumstance such as a perverse decision - Is clearly manifested in the record - Appellate court should not substitute its own findings for those of trial court (H1) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

 

APPEALS - Courts - Findings of facts - Where trial judge makes proper findings - Court of Appeal should not interfere - Save if the findings are perverse (H6) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

APPEALS - Courts - Issue - Raised but not considered - Propriety - Appellant’s question on adoption is not fresh issue that requires leave - Hence Court of Appeal erred - By not allowing appellant to argue same (H1) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

APPEALS - Courts - Issues - Suo motu raising - Olusanya v. Olusanya - Where appellate court raises point suo motu - Parties must be given opportunity to address court on the points - Before decision is made (H4) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

APPEALS - Courts - Issues - Suo motu raising - Propriety - Ojusanya v. Olusanya - Where points are taken suo motu by appellate court - Parties must be given the opportunity to address the court - Before decision is taken on such points (H1) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

 

APPEALS - Courts - Judgments - Reasons for - Appellate court should not be concerned with phrase used by trial judge to describe his reasoning - But should consider whether the reasons are clear - And lead reasonably to the conclusion arrived at (H3) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

APPEALS - Courts - Perverse findings - Fate - Court of Appeal gave perverse judgment for defendant - And same must not be allowed to stand (H2) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

APPEALS - Courts - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

APPEALS - Cross appeal - Distinctive nature - Cross appeal arises where two parties file appeals against a judgment - And each appeal is independent - Even though both are heard together (H3) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

APPEALS - Cross appeal - Issue - Determination - Since issue in cross appeal has been dealt with in main appeal - A consideration of the cross-appeal becomes irrelevant (H6) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

APPEALS - Cross appeal - Need for - Respondent ought to file cross appeal - To specifically challenge the admission of Exhibits C-C2 (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

APPEALS - Cross appeal - Striking out - Propriety - The cross appeal was rightly struck out in the circumstance - Having become an academic exercise in the Court of Appeal (H7) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

APPEALS - Damages - Assessment - By s.16 Court of Appeal Act & s.22 Supreme Court Act - Appellate Court can substitute its own assessment - Where it decides to interfere (H1) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

APPEALS - Damages - Award - Additional interest - Proof - For cross appellant to be awarded additional interest - It must adduce evidence of right to the interest (H4) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

APPEALS - Damages - Interest - Award - Basis - For cross appellant to be awarded anything above statutory interest - There must be evidence of right to that sum on record (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

APPEALS - Damages - Quantum - Appellate court does not interfere - Save if it is satisfied that trial court has acted on wrong principle of law - And has made an erroneous estimate (H2) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

APPEALS - Determination - Basis - Appeals are decided upon issues raised - And not on grounds of appeal - As grounds are deemed extinguished and replaced by issues (H1) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

APPEALS - Determination - Propriety - Since the appeal and cross-appeal are based on judgment - Which Supreme Court has set aside - There is no reason to consider the merit therein (H2) Comptroller Nigerian Prisons Services v. Adekanye (3) (2002) 7 KLR (pt. 143) 2219; (2002) 15 NWLR (Pt. 790) 362

 

APPEALS - Determination of - Court of Appeal cannot in all cases - Validly determine on merit - Matter it earlier struck out for improper filing (H9) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Error - Court of Appeal - Was clearly in grave error - In allowing an appeal which was never before it (H1) Bako v. Laniyan (2002) 7 KLR (pt. 143) 2145; (2002) 13 NWLR (Pt. 783) 171

 

APPEALS - Evidence - Evaluation - Court of Appeal decision - Correctness of - The court was right to hold that trial judge - Did not properly evaluate evidence (H2) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

APPEALS - Evidence - Evaluation - Trial court evaluates and ascribes probative value to evidence - And appellate court does not ordinarily interfere (H1) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

APPEALS - Evidence - Evaluation - Where trial court has properly evaluated and ascribed probative value to evidence - Appellate court will not interfere (H6) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

APPEALS - Evidence - Evaluation - Where trial court made proper evaluation - Appellate court is not entitled to interfere - Particularly when evaluation was based on credibility of witness (H3) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

APPEALS - Evidence - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

APPEALS - Evidence - Reevaluation - Justification - Appellate court can reassess evidence - Where trial court’s findings are perverse - Or the use made of a document goes beyond its evidential value (H5) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

APPEALS - Extension of time - Delay in application - Effect - As appellant did not show seriousness in seeking leave to appeal - Such inordinate delay may be a ground of refusing leave (H1) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

 

APPEALS - Fair hearing - Proceedings - When issue of fairness of hearing arises - Appellate Court is to see whether the result of the case - Would have been the same even if breach of fair hearing did not occur (H1) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

APPEALS - Filing - Applicable laws - Filing of initial appeal is governed by Court of Appeal Act - While filing additional grounds is governed by the Court’s rules - Thus noncompliance with the Act is fatal - But noncompliance with the rules is mere irregularity (H2) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

APPEALS - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

APPEALS - Findings of trial court - Interference - Justification - Appellate court will interfere - Where findings are perverse - And are not supported by credible evidence (H8) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

APPEALS - Findings of trial court - Interference - Justification - Appellate court may interfere with such findings - Where it is satisfied that trial judge - Failed to evaluate evidence (H3) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

APPEALS - Findings of trial court - Interference - Justification - Appellate court will interfere - Where trial court failed to resolve conflicts in parties’ evidence (H2) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

APPEALS - Fresh issue - Leave - Since Criminal Code s.34 does not affect jurisdiction of court - The issue raised by appellant is a new one - Which requires leave of court (H2) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

APPEALS - Fresh issue - Failure to obtain leave - Fate - Appellant cannot validly appeal against exercise of Court of Appeal’s discretion - Since he neither sought nor obtained leave to do so (H1) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

APPEALS - Fresh issue - Need for leave - Leave is required to file and argue fresh issues in Supreme Court - Save issue of jurisdiction - Which can be raised with or without leave - Even for the first time (H1) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

APPEALS - Fresh issue - Raised without leave - Fate - Composition of Area court is new issue - And failure to obtain leave in respect of same - Renders ground of appeal on the issue incompetent (H2) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

APPEALS - Fresh issue - Raised without leave - Validity - Fresh issue of inadequacy of defendant’s pleadings - Cannot be raised in Supreme Court (H7) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

APPEALS - Ground of appeal - Competence - Once leave was sought and granted - It covered not only the grounds of appeal then filed - But also the additional ground in the Amended Notice of Appeal (H1) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

APPEALS - Ground of law - Objection - Propriety - The objection is misconceived - Since ground one was ground of law - As it dealt with the consequences of failure to traverse an allegation in pleadings (H1) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

APPEALS - Ground of law - Raised without leave - Competence - The ground being of law is competent - And it is not necessary to obtain leave to file and argue it (H2) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

APPEALS - Grounds - Competence - Ground 5 being of fact is wide and vague - And since leave was not obtained to file it - It shall be deemed incompetent (H1) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

APPEALS - Grounds - Framing - Appellant must clearly set out his grounds - So as to enable opposite party and court - To appreciate his complaint (H1) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

 

APPEALS - Grounds - Mixed law and fact - Since defendant failed to obtain leave - The grounds are incompetent and liable to be struck out (H3) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

APPEALS - Grounds - Nature - How determined - Ground is of law where it reveals misunderstanding of law - And is of mixed law and fact - Where it questions resolution of conflicting evidence (H2) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

APPEALS - Grounds of law - Leave - Question of contravention of Evidence Act s.34(1) - Raises substantial point of law - Upon which leave ought to be given (H12) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

APPEALS - Grounds of law - When material evidence was admitted - In contravention of statutory provisions - Then a substantial issue of law is raised (H11) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

APPEALS - Hearing on merit - Meaning - Appeal is heard on merit once appellate court considered issues in controversy - And has taken a decision to confirm - Or to set aside decision of a lower court (H5) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

APPEALS - Issue - Abandonment of - Effect - Court does not deal with issue not placed before it - As it is a departure from role of court - For appellate court to insist on dealing with abandoned issue (H1) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

APPEALS - Issues - Consideration of - Resolution of key issue - Has made consideration of other issues unnecessary (H3) Regd. Trustees of Diocese of Aba v. Nkume (2002) 1 KLR (pt. 132) 125; (2002) 1 NWLR (Pt. 749) 726

 

APPEALS - Issues - Determination - Basis - Appellate court considers issues - Based on grounds of appeal before it - Since trial court ought to have made primary findings of fact (H5) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

APPEALS - Issues - Determination - Court of Appeal ought to decide - Whether fresh ground sought to be raised - Was on substantial point of law - And whether no further evidence would be adduced in support (H9) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

APPEALS - Issues - Failure to Identify - Respondent’s brief is bad on ground of untidiness - And his counsel was wrong to argue unidentified issue (H2) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

APPEALS - Issues - Fresh issues - Leave - Attempt to raise without leave at Supreme Court - Fresh issue relating to Exchange Control Acts - Must fail (H12) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

APPEALS - Issues - Raised from incompetent grounds - Fate - Such issues are inconsequential - And should be struck out (H4) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

Appeals - Issues - Ruling - Supreme Court will not rule on a point - In which there is no live issue - As between parties before court (H1) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

APPEALS - Issues - Suo motu determination - Propriety - Since respondent’s statement in Exhibit 61 was never raised as an issue in Court of Appeal - The court was wrong to have considered same suo motu (H7) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

APPEALS - Issues - Validity - Since Supreme Court does not sit on appeal from decision of trial court - Issue No.5 is irrelevant (H8) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

APPEALS - Issues for determination - Value of - Value of an issue lies in the effect of its resolution in judgment - As same is valueless if the resolution - Will not affect result of an appeal (H2) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

APPEALS - Judgment - Error - Court of Appeal was in error - When it upheld the plea of res judicata - In favour of respondents (H2) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

 

APPEALS - Judgment - Reversal - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

APPEALS - Judgments - Issues - Determination - Appellate court decides if a decision is right and not reasons for same - Hence misdirection that occasions no injustice is immaterial (H13) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

APPEALS - Judgments - Misdirection - Effect - Since trial judge thoroughly evaluated evidence - Any misdirection by Court of Appeal - Will not affect judgment of trial court (H6) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

APPEALS - Judgments - Mistake - Effect - It is not every error in judgment - That results in appeal being allowed - As it is only when such error has occasioned a miscarriage of justice - That appellate court can interfere (H14) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

APPEALS - Judgments - Slip - Effect - Court of Appeal’s reference to defendants as trespassers - Is a slip which has not occasioned miscarriage of justice (H2) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

APPEALS - Judgments - Slip-error - Effect - It is not every slip in judgment that results in allowing of appeal - The slip must occasion a miscarriage of justice (H4) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

APPEALS - Judgments - Use of the phrase “counter claim” - Is not fatal to judgment of the Court of Appeal - So long as it did not occasion miscarriage of justice (H3) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

APPEALS - Jurisdiction - Filing appeal out of time - Effect - Failure to appeal within time - Without obtaining extension of time - Constitutes grave irregularity - That there would be no appeal before court (H2) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

APPEALS - Jurisdiction - Fundamentality of - Issue of jurisdiction can be raised at any stage even on appeal - And any objection to it must be taken at earliest time - Before further step is taken in the proceedings (H2) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

APPEALS - Jurisdiction - Issue of - When to raise - Jurisdiction can be raised any time during trial - But where it is new issue in an appellate court - Proper application must be made to raise it as a ground of appeal (H3) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

APPEALS - Land law - Court - Germane issue - Controversial issue is determination of boundary between parties - But trial judge missed same - And thus arrived at erroneous decision (H1) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

APPEALS - Land law - Courts - Findings of facts - Court of Appeal erred by dismissing the cross-appeal - And proper finding of trial court should be - That Owerre deforested the land in dispute (H7) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

APPEALS - Land law - Courts - Judicial precedents - Kojo v. Bonsie - Application of - Trial court properly applied the principle - And Court of Appeal erred in its criticism of same (H1) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

APPEALS - Land Law - Decision of trial court - Interference - Since the court rightly dismissed plaintiff’s claim to title - Court of Appeal was wrong to have interfered with same (H5) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

APPEALS - Land law - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs’ traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

APPEALS - Land law - Judgment - Validity of - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

APPEALS - Land law - Retrial - Correctness of - As identity of the land was clearly proved - And judging from among other findings of CA not yet appealed against - Order for a trial de novo should be proper (H2) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

APPEALS - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

APPEALS - Land law - Visit to locus - Findings - Where parties were given equal opportunity at the locus to prove their case - Appellate court will not interfere with findings arising therefrom (H6) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

APPEALS - Leave - Failure to obtain - Effect - Since respondent did not seek leave to appeal against decision of Court Martial - The appeal is incompetent (H6) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

APPEALS - Leave to appeal - Extension of time to appeal - Distinction - The former presupposes that appeal is not as of right - While the latter presupposes expiration of time to appeal (H4) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

APPEALS - Legal practitioners - Submissions - Made without authority - Fate - Such submission is rejected - Since no authority supports contention - That appellant cannot appeal against acquittal order by Court of Appeal (H3) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

APPEALS - Notice of appeal - Filing - Computation of time - Appeal from Court of Appeal to Supreme Court is filed within 3 months - Excluding the date judgment was delivered (H1) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

APPEALS - Notice of appeal - Regularization of - Effect of objection - Respondent is not foreclosed by the preliminary objection - From taking steps to regularize its position and correct errors objected to (H1) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

APPEALS - Notice of appeal - Service of - By O.7 r.5 Court of Appeal Rules - Notice shall be served on named parties - But parties not directly affected - Need not be served (H5) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Objection - Incorporated in brief - Propriety - By Supreme Court Rules O.2 r.9 - Notice of preliminary objection may be raised - In respondent’s brief of argument (H5) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

APPEALS - Orders of court - Discharge & acquittal - Propriety - Court of Appeal wrongly gave the order - As there is no legal basis for so deciding (H8) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

APPEALS - Orders of court - Mischief - Remedy - Respondent need not appeal to remedy the mischief - Since mandatory injunction can be used - To reverse step taken by appellant (H1) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

APPEALS - Orders of court - Retrial - Principles - To order retrial - There must be inter alia an error in law or irregularity in procedure - And that evidence discloses substantial case against appellant (H3) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

APPEALS - Parties - Preliminary objection - Sustainability - Respondent is estopped from contending - That appellant was not a party to the proceedings in Court of Appeal - Having made appellant a party thereto (H1) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

APPEALS - Parties - Right of appeal - 2nd & 5th defendants are parties for purpose of invoking jurisdiction of Supreme Court - To set aside order resulting from their improper inclusion (H7) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

APPEALS - Proceedings - Fair hearing - Absence of - Proper order - When entire proceedings are tainted by unfairness - The proper thing to do is to set aside decision therein (H2) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

APPEALS - Record of appeal - Binding nature - Appellate court must read and interpret record in its exact form - As it has no jurisdiction to read same out of context (H7) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

APPEALS - Record of appeal - Filing - Time limit - Supreme Court Rules O.7 r.7(1) - Despite noncompliance with the rules - Appeal may still be heard pursuant to O.10 r.1(1)(2) of the Rules (H3) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

APPEALS - Records of Appeal - Binding nature - Parties and courts are bound by such records - Which are presumed correct unless contrary is proved (H14) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

APPEALS - Records of Appeal - Reference to - Correctness of - Appellate court is fully entitled to look at record of appeal - In consideration of any matter before it (H15) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

APPEALS - Rehearing - As issue one did not satisfactorily determine the appeal - Course of justice is better served - If the appeal is sent to Court of Appeal - For hearing on merit (H2) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

 

APPEALS - Rehearing order - Purpose - Order that matter be heard de novo in civil case - Is made for benefit of both parties - So that the matter in dispute could be resolved on merit (H3) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

APPEALS - Retrial order - Basis - Retrial is ordered where there was error in law or procedure - Which neither renders trial a nullity - Nor makes appellate court to rule that there was no miscarriage of justice (H3) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

APPEALS - Retrial order - When irrelevant - Where there is no appeal against failure of Court of Appeal to pronounce on issues raised - Supreme Court will not order retrial (H5) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

APPEALS - Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law - Or with leave of court where grounds are of mixed fact and law or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

APPEALS - Right of appeal - By s.202 of Armed Forces Decree No 105 - Aggrieved party to proceedings in Court of Appeal - Can appeal to Supreme Court (H2) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

APPEALS - Right of appeal - Constitution (Amendment) Decree No. 3 s. 1 - Plaintiff acquired right of appeal - Before the Decree came into existence (H2) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

APPEALS - Rules of court - Binding nature of - Court and parties are bound by the rules - And any complaint on procedural irregularity succeeds on appeal - If same caused miscarriage of justice (H5) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

APPEALS - Rules of court - Purpose - Supreme Court Rules O.10 r.2 - Practice Directions pursuant to the rules - Pertain only to period of filing briefs by parties - And not period within which to appeal (H3) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

APPEALS - Sale of goods - Damages - Assessment - Sale of Goods Act s. 51(3) - Application - Since trial judge failed to apply the provision - Opportunity was given to Court of Appeal to reassess the damages (H5) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

APPEALS - Stay of execution - Grant - Since there are no substantial points of law - That necessitate maintaining the status quo until appeal is determined - Stay will not be granted (H5) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

APPEALS - Supreme Court - Abandoned issue - Although fresh point may be raised with leave - But it will be difficult for party to secure leave of the court - To raise an abandoned issue (H2) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

APPEALS - Supreme Court - Fresh issue - Raised without leave - Fate - Since leave was not obtained to challenge representative nature of the cases - The issue is incompetent (H1) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

APPEALS - Supreme Court - Issues - Resolution - Supreme Court can resolve an issue not based on credibility of witnesses - But on inference to be drawn from proved facts (H7) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

APPEALS - Supreme Court - Powers - Supreme Court Act s. 26 - Even when there is no appeal against sentences - The Court can suo motu correct any error made by Court of Appeal (H13) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

APPEALS - Technicality - Appellate courts must not be strict with technicality - As the object of a trial - Is to fairly adjudicate upon dispute between parties (H2) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

ARBITRATION - Award - Finality of - Kelantan’s case - Where specific question of construction of a law is referred to arbitrator - His decision on that point cannot be set aside - On the ground that court would have ruled otherwise (H4) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

ARBITRATION - Customary arbitration - Ingredients - Essential characteristics of the arbitration are inter alia - Voluntary submission of dispute - And agreement by parties that decision therefrom is binding (H6) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

ARMED ROBBERY - Conspiracy - Conviction for - Validity - Appellant was rightly convicted of the offence - Irrespective of the altering of conviction for armed robbery - To attempted armed robbery (H3) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ARMED ROBBERY - Conspiracy - Establishment of - It is inferred from circumstantial evidence - And from common intention of accused persons - Even though armed robbery did not materialize (H2) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

ARMED ROBBERY - Identification of robbers - Appellant’s argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

ARMED ROBBERY - Mandatory sentence - Justification for - Seriousness of offences charged in this case - Justified the mandatory sentence of life imprisonment (H14) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

BAIL - Exercise of discretion - Considerations that determines grant of bail - Often depend on the stage of criminal proceedings (H1) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

BAIL - Grant - Conditions - Allegation of ill health - Sustainability - Mere allegation of bad health will not be sufficient - As discretion is exercised based on facts of each case (H3) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

BAIL - Grant - Conditions - Fawehinmi v. The State - Ill health is consideration that justifies - Grant of bail on special circumstances (H2) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

BANKING - Charges - Conviction - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

BANKING - Contracts - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

BANKING - Courts - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

BANKING - Federal Mortgage Bank - Status - The bank is mere business organization given functions to perform - As nothing in its Act suggests that it is an agency of the Federal Government (H1) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

BANKING - General damages - Proof - Since there was no proof of dishonoured cheque - There was no justification for award of N3.5 million general damages (H5) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

BANKING - Revocation of licence - Jurisdiction - BOFID s. 49 provides an ouster clause - Hence plaintiff must show bad faith and element of same in the revocation - In order to confer jurisdiction on court (H5) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

BANKING - Tribunal - Documents - Interpretation of - The trial tribunal rightly interpreted paragraph 3 of Exhibits C1 C2 D & H - And Court of Appeal rightly confirmed same (H6) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

BANKING - Tribunal - Evidence - Preference for - Propriety - In the presence of principal characters - The tribunal needed not to have bothered with Exhibits C1 C2 D & H (H4) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

BILLS OF LADING - Carriage of goods by sea - Charter-parties - Incorporated in bills of lading - Terms of the charter were incorporated in the bills - By the statement “to be used with charter-parties” (H8) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

BILLS OF LADING - Carriage of goods by sea - Charterparty - Incorporated in bills of lading - Scope - Where the words of incorporation are general - They do not cease to be operative by that fact alone (H9) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

BILLS OF LADING - Carriage of goods by sea - Charterparty - Terms of - Incorporated in bill of lading - Determining tests - Consideration of the tests do not arise in this instance (H6) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

BILLS OF LADING - Documents - Charterparty - Bills of lading - Words of incorporation in - Since the words are contained in the bills - The charterparty did not constitute extrinsic evidence of terms - Binding on parties thereto (H11) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

BILLS OF LADING - Relevance of - Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Admiralty - Findings of courts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts’ approach to determination of the carrier’s liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

CARRIAGE OF GOODS BY SEA - Affreightment - Binding nature - A party cannot impugn existence of such contract - On the ground that document is unsigned - Unless if such is a condition precedent (H7) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charter-parties - Incorporated in bills of lading - Terms of the charter were incorporated in the bills - By the statement “to be used with charter-parties” (H8) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Binding nature - Determination - Deciding whether parties are bound before the charter is signed - Depend on if they are ad idem or have agreed to be bound (H3) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Incorporated in bills of lading - Scope - Where the words of incorporation are general - They do not cease to be operative by that fact alone (H9) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Meaning - Charterparty is a document embodying terms of contract of affreighment (H1) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Terms in - Mode - Charterparty may be orally made or written - But its express terms are those agreed by parties (H4) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Terms of - Incorporated in bill of lading - Determining tests - Consideration of the tests do not arise in this instance (H6) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CARRIAGE OF GOODS BY SEA - Charterparty - Validity - Requirement - Signed contract is not essential for charterparty - The vital thing is that parties have agreed to be bound by identifiable terms (H2) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CASE LAW - Citation - Court does not confine itself to authorities cited by parties - As it can in an effort to improve its judgment - Rely on authorities not cited by parties (H10) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

CASE LAW - Judgments - Dissenting judgment - Status - Dissenting judgment however powerful - Is not the judgment of court - And is therefore not binding (H9) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

CHARGES - Amendment - Fresh plea - Procedure - The amended charge is read over and explained to accused - And his fresh plea taken (H3) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CHARGES - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CHARGES - Amendment - Witnesses - Recall - Whenever there is amendment - Accused is permitted to recall witnesses who had earlier testified - For further cross examination (H4) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CHARGES - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CHARGES - Amendment of - Fair hearing - Trial of appellant complied with rules of court - Hence here is nothing to justify allegation of unfair hearing (H3) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CHARGES - Amendment of - Prosecution does not need leave to amend charges - But applies to court to accept the amendment - Pursuant to Criminal Procedure Law s. 163 (H1) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CHARGES - Amendment of - Validity - Since prosecution complied with Criminal Procedure Law s. 163 - The amended charge is therefore valid (H2) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CHARGES - Conviction - Conspiracy - Sustainability - Conviction for conspiracy charge does not fail - Merely because conviction on substantive charge had failed (H3) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CHARGES - Conviction - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CHARGES - Court martial - Amendment of charges - Effect - Since trial began within three months as required - Amendment of the charge is of no effect (H3) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

CHARGES - Criminal proceedings - Commencement - The proceedings start when an accused person is arraigned before court - Or when charge has been filed against him in court (H9) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CHARGES - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CHARGES - Failure to record - Though it is good for court to record that charge was read and explained to accused - But failure to do so does not render trial a nullity (H1) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CHARGES - Fair hearing - Amendment of charge - Appellants were not prejudiced by the fact of amendment - Since trial court adopted a proper procedure (H5) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CHARGES - Indictment - Need for clarity - The charge must be clear - So that accused will understand the complaint against him (H9) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CHARGES - Joinder of offences - Propriety - It is improper to charge two distinct offences in single charge - And amendment was needed to correct such error (H1) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CHARGES - Murder - Long incarceration - Retrial order - Propriety - Order of fresh trial is not oppressive - As charge is for capital offence (H6) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

CHARGES - Other offence - Conviction - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CHARGES - Preferment - Application for - Grant - There must be clear particulars and facts in the proof of evidence - To justify grant of the application - As trial is not automatic (H1) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CHIEFTAINCY MATTERS - Statutes - Chiefs Edict s. 11A - Intendment - The law was enacted to remedy mischief brought about by judgment in suit No. HAD/48/84 - Annulling the reign of an Oba (H10) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COMMERCIAL LAW - Agency - Agent of foreign principal - Personal liability - Where an agent contracts on behalf of a foreign principal - It is presumed that he is personally liable - Unless a contrary intention appears (H4) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

COMMERCIAL LAW - Contracts - Bailment - Loss of goods - Burden of proof - In case of loss of goods - It is the bailees’ duty to prove that the loss was not caused by his breach of duty - It is not the bailors’ duty to show that it did (H3) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

COMMERCIAL LAW - Debt - Actions - Basis - The case is not based on admiralty - But on the debt owed by appellant to respondent (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

COMPANY LAW - Actions - Commencement - Proper party - Foss v. Harbottle - Proper plaintiff in action for wrong done to company - Is the company itself (H1) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

COMPANY LAW - Actions - Right of action - CAMA s. 425 - Liquidator in a winding up by court - Shall have power to bring or defend - Action on behalf of a company (H10) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

COMPANY LAW - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

COMPANY LAW - Legal personality - Proof - Addition of LTD or PLC to company’s name - Would not necessarily denote a legal person (H2) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

COMPANY LAW - Legal personality - Proof - Certificate of incorporation ought to have been produced by respondent - As that was the only way to prove its legal personality (H3) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

COMPANY LAW - Legal personality - Proof - Means - Except where admitted by opposing party - Company claiming legal personality must prove same - By tendering its certificate of incorporation (H3) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

COMPANY LAW - Power of Attorney - Authority to act - A proper construction of exhibit B - Empowers the attorney to take legal action to protect plaintiff’s shareholding in the company (H3) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

CONFLICT OF LAWS - Appeals - Statutes - Rules of court - Neither Supreme Court Practice Direction nor rules of court - Can override statutory provisions (H4) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

CONFLICT OF LAWS - Electoral Act - With the exception of ss. 16, 26 to 41, 43 to 73, 116, 117 and 118(1) to (7) - Ss. 15 to 73 and 110 to 122 are from date of commencement of the Act - Inoperative for being inconsistent with 1999 Constitution (H10) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

CONFLICT OF LAWS - Legislature - Legislation - Supremacy of - Where National and State House of Assembly exercise power under s.4(2)(4)(b)(7)(c) 1999 Constitution - Legislation by the former prevails by virtue of s.4(5) thereof (H3) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONFLICT OF LAWS - Statutes - Repealing - Effect on existing rights - By s.6(1)(c) Interpretation Act - Rights accrued to individual shall not be affected - By the repeal of an enactment (H3) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

 

CONSTITUTIONAL LAW - Actions - Right of action - 1999 Constitution s. 6(6)(b) does not confer locus standi independently - As plaintiff’s claim must also disclose cause of action (H2) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

CONSTITUTIONAL LAW - Appeals - Grounds - Mixed law & facts - By s.233(3) 1999 Constitution - Leave is required to file such grounds - Otherwise the appeal is incompetent (H1) Central Bank of Nigeria v. Okojie (2002) 3 KLR (pt. 135) 537; (2002) 8 NWLR (Pt. 768) 48

 

CONSTITUTIONAL LAW - Appeals - Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law - Or with leave of court where grounds are of mixed fact and law or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

CONSTITUTIONAL LAW - Appeals - Right of appeal - Constitution (Amendment) Decree No. 3 s. 1 - Plaintiff acquired right of appeal - Before the Decree came into existence (H2) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

CONSTITUTIONAL LAW - Banking - Courts - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

CONSTITUTIONAL LAW - Conflict of laws - Electoral Act - With the exception of ss. 16, 26 to 41, 43 to 73, 116, 117 and 118(1) to (7) - Ss. 15 to 73 and 110 to 122 are from date of commencement of the Act - Inoperative for being inconsistent with 1999 Constitution (H10) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

CONSTITUTIONAL LAW - Constitution - “State” - Meaning - By s.13 1999 Constitution - The word refers to all organs of government and authorities - Exercising legislative executive and judicial powers (H4) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONSTITUTIONAL LAW - Constitution - Federation Account - External debts - Settlement of - Neither the Federal nor State Governments - Can charge its debts on the Account (H14) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution - Federation account - Revenue allocation - “Not less that 13%” - Meaning - The phrase is discretion given to lawmakers - Hence it is not for court to exercise same (H12) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution - Federation Account - Trusteeship - By s. 162 (1) 1999 Constitution - Federal Government is trustee - Who renders account to beneficiaries - When called upon to do so (H13) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution - Interpretation - “Otherwise” - Meaning - 1999 Constitution s. 308(1)(b) - The word means any lawful process or command - Which has same effect as a process of any court (H10) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - 1999 Constitution s. 308 - Where constitutional provisions are unambiguous - The same shall be given their ordinary meaning (H7) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - Since Constitution is the grundnorm - Any narrow interpretation of it - Will fail to achieve the goals set therein (H2) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONSTITUTIONAL LAW - Constitution - Revenue allocation - Applicable law - Allocation of revenue Act Cap 16 - Is the applicable law - Provided that it is not inconsistent with 1999 Constitution (H8) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution - Revenue Allocation - Derivation principle - By s. 162(2) 1999 Constitution - Defendants are not entitled to share - In revenue obtained from natural resources in continental shelf of Nigeria (H17) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution - Revenue Allocation - Derivation principle - Proof - Since 6th defendant failed to prove his entitlement to natural gas revenue on 13% basis - His claim will be dismissed (H20) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Constitution Decree No. 107 of 1993 - Purpose - The Decree was enacted to restore and suspend some - And modify other provisions of 1979 Constitution (H2) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

 

CONSTITUTIONAL LAW - Criminal procedure - Fair hearing - Interpreter - 1979 Constitution s. 33(6)(a)(e) - Failure to provide interpreter where needed - Is breach of the section which is fatal to a criminal trial (H4) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

CONSTITUTIONAL LAW - Criminal proceedings - Commencement - Powers of A-G Federation - By s. 286(1)(b) 1999 Constitution - A.G. Fed can initiate such proceedings in any State (H5) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONSTITUTIONAL LAW - Fair hearing - Breach - Since respondents were not given opportunity to defend themselves - Injunctive order made against them - Violated their right to fair hearing - As enshrined in 1979 Constitution s. 31(1) (H15) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

CONSTITUTIONAL LAW - General elections - Qualification - NA has no power to make law with respect to qualification or disqualification of candidates for the elections - Without complying with requirements of s. 9 of the Constitution (H9) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - 1979 Constitution s.230 - The section confers exclusive jurisdiction on the court - Since defendant is an agency of Federal Government (H1) NEPA v. Edegbero (2002) 12 KLR (pt. 150) 3399; (2002) 18 NWLR (Pt. 798) 79

 

CONSTITUTIONAL LAW - Jurisdiction - State High Court - 1999 Constitution s.251 - Where the Constitution confers jurisdiction - Power of court cannot be vitiated - Merely because the matter concerns parties who are Moslems - Provided the matter is not of Islamic personal law (H4) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

CONSTITUTIONAL LAW - Legislations - Maritime - Territory of Nigeria - Territorial Waters Act Sea Fisheries Act & Exclusive Economic Zone Act - Have not extended Nigerian territory beyond its constitutional limit (H6) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Legislative power - National Assembly - By s.4(2) 1999 Constitution - National Assembly can make laws for good governance of the federation - With respect to matters in exclusive legislative list (H1) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONSTITUTIONAL LAW - Legislature - Legislation - Supremacy of - Where National and State House of Assembly exercise power under s.4(2)(4)(b)(7)(c) 1999 Constitution - Legislation by the former prevails by virtue of s.4(5) thereof (H3) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CONSTITUTIONAL LAW - Local Government officials - Tenure - The 3 year tenure prescribed by Decree 36 of 1998 is valid - Since by Interpretation Act s. 6(1)(c) - The repeal of the Decree did not affect right accrued thereunder (H2) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

CONSTITUTIONAL LAW - Maritime - Littoral States - Computation of revenue - Basis - 1999 Constitution s. 162(2) - Low water mark of land surface of the States - Shall be used for the calculation (H9) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Police - Criminal investigation - Limitation - 1999 Constitution s. 308 - Police can investigate criminal allegation against a Governor - So long as they do not encounter him - In the course of investigation (H6) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CONSTITUTIONAL LAW - Police - Exercise of discretion - Investigation of crime - 1999 Constitution s. 188 - The section provides no reason for police - To refuse an investigation of alleged crime in appropriate circumstance (H3) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CONSTITUTIONAL LAW - Revenue Allocation - Derivation principle - Commencement - The principle commenced on 29/05/1999 - Same date 1999 Constitution came into effect (H18) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

CONSTITUTIONAL LAW - Revenue allocation - Distribution - Local Government Account - Under the 1999 Constitution s. 162(5) - Federal Government cannot validly make direct payment into the account (H1) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

CONSTITUTIONAL LAW - State Joint Local Govt Account - Creation - Under 1999 Constitution s. 4(7) - State House of Assembly is empowered to create the account (H2) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

CONSTITUTIONAL LAW - Tax revenue - Claim - Refusal - Basis - Claim 5 is refused as there is no claim like s. 162(i)(iv) but rather s. 162(1)(4) - And National Assembly is yet to pass law in respect of the claim (H4) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

CONTEMPT OF COURT - Appeals - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

CONTEMPT OF COURT - Appeals - Committal orders - Validity of - Since 2nd & 5th defendants have ceased to be parties at Court of Appeal - The orders were made in error and should be set aside (H8) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

CONTRACTS - Agency - Agent - Liability - Agent of a disclosed principal is not personally liable - On a contract he enters on behalf of the principal (H6) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

CONTRACTS - Appeals - Misconception - Effect - Where an appellate court misconceives appellant’s case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

CONTRACTS - Bailment - Loss of goods - Burden of proof - In case of loss of goods - It is the bailees’ duty to prove that the loss was not caused by his breach of duty - It is not the bailors’ duty to show that it did (H3) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

CONTRACTS - Banking - Fiduciary duty - Bank has duty to send statements of account to customer - At regular interval as may be agreed upon by parties (H2) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

CONTRACTS - Binding nature of - Appellant’s letter of acceptance - Is not enough to make the transaction a legally binding one - As he failed to meet the conditions precedent in Exhibit 75 (H10) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

CONTRACTS - Breach - Establishment - To establish breach of contract - Appellant need not prove entering into contract with a third party (H6) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

CONTRACTS - Breach - Jurisdiction - Determination - By O.4 r.3 High Court Rules of Anambra State - Jurisdiction can be decided by where contract was made - Where it ought to have been performed - And where defendant resides (H3) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

CONTRACTS - Breach - Public Officers Protection Ordinance s.2 - Application - The section does not apply to cases of contract (H4) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

CONTRACTS - Carriage of goods by sea - Affreightment - Binding nature - A party cannot impugn existence of such contract - On the ground that document is unsigned - Unless if such is a condition precedent (H7) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CONTRACTS - Carriage of goods by sea - Bill of lading - Relevance of - Bill of lading is contract between shipowner and endorsee on the bill (H5) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CONTRACTS - Carriage of goods by sea - Charterparty - Meaning - Charterparty is a document embodying terms of contract of affreighment (H1) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CONTRACTS - Carriage of goods by sea - Charterparty - Validity - Requirement - Signed contract is not essential for charterparty - The vital thing is that parties have agreed to be bound by identifiable terms (H2) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CONTRACTS - Claim - Validity of - Claim under a lawful contract will not fail - By reason of illegality of another contract - If plaintiff can establish his case - Without reference to the illegal contract (H4) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

CONTRACTS - Conditional contract - Enforcement - Action cannot be maintained to recover expenses - Incurred during negotiation of such contract (H6) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

CONTRACTS - Conveyance - Specific performance - Sustainability - The order ought not to have been made - As a person who does not own a property cannot be compelled to convey same (H7) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONTRACTS - Conveyance - Validity - Plaintiff did not acquire any interest in the property - As the sale was void ab initio - By reason of lack of consent of the co heirs (H5) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONTRACTS - Damages - Quantum - Computation of - Measure of damages will be determined by difference between contract price - And current market price - Or price when the vehicles ought to have been delivered (H3) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

CONTRACTS - Defence of illegality - Who can raise - Stranger to illegal transaction will not be allowed - To raise defence of illegality in such a transaction (H7) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

CONTRACTS - Discharge of - Means - Contract may be discharged by performance - Express agreement - Or by doctrine of frustration - And also by breach (H11) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

CONTRACTS - Documents - Incorporation by reference - Evidence Act s.132 - Application - The section does not apply to contract - That has incorporated terms of another document by reference (H10) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

CONTRACTS - Documents - Mistakes - Rectification - Basis - Not every type of mistake can be relied on - As ground for rectification of written document (H1) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

CONTRACTS - Documents - Non contractual document - Rectification - Where document is not contractual - Court may enquire whether party seeking its rectification - Has sufficient interest to invoke jurisdiction of court (H4) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

CONTRACTS - Documents - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

CONTRACTS - Establishment - Ingredients - For a contract to come into being - There must have been a definite offer by offeror - And a definite acceptance by offeree (H4) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

CONTRACTS - Master & servant - Contract of service - Enforcement - Court will not foist an employee on an unwilling employer - Or make an order of specific performance of an ordinary contract of service (H2) Isievwore v. NEPA (2002) 7 KLR (pt. 144) 2317; (2002) 13 NWLR (Pt. 784) 417

 

CONTRACTS - Offer - Acceptance - In unilateral contract - Offer is accepted on commencement of performance - Though completion of performance - Is condition precedent for offeror’s liability (H1) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

CONTRACTS - Offer - Mode of acceptance - Acceptance may be demonstrated by the conduct of parties - As well as by their words - Or by documents that have passed between them (H2) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

CONTRACTS - Oil Prospecting Licence - Revocation - Reasons for - Rationale for terminating the contract is irrelevant - But it amounts to breach of contract - Where termination was done contrary to statute (H7) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

CONTRACTS - Terms - Non-performance - Effect - Where a fundamental item is left unaccomplished - The same vitiates the contract (H9) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

CONTRACTS - Words & phrases - Liquidated demand - Meaning - Liquidated demand is ascertainable debt or sum of money payable - Without further investigation (H6) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

CONVEYANCING - Contract - Validity - Plaintiff did not acquire any interest in the property - As the sale was void ab initio - By reason of lack of consent of the co heirs (H5) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONVEYANCING - Property law - Jointly owned property - Defendant rightly contended that the sale was subject to ratification - As both Exhibit 2 & original C of O - Did not show that the property exclusively belonged to defendant (H3) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONVEYANCING - Specific performance - Sustainability - The order ought not to have been made - As a person who does not own a property cannot be compelled to convey same (H7) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONVEYANCING - Unpleaded evidence - Weight - Evidence of PW3 & 4 that consent of co heirs was obtained prior to the sale is inadmissible - Since it was not pleaded by plaintiff (H6) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

CONVICTION - Charge - Other offence - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CONVICTION - Charges - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CONVICTION - Charges - Propriety - Appellant was not convicted for offence for which he was not charged - But was rightly convicted for approving the overdraft facility of N14 million (H5) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CONVICTION - Confession - Accused will not be convicted upon inadmissible statement - Unless prosecution shows that same was voluntarily obtained (H2) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CONVICTION - Confession - Retraction - Although appellant resiled from his statement - The same remained voluntary - As the trial Judge applied right principle regarding conviction on such confession (H1) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CONVICTION - Confessions - Retraction - Court can convict on retracted confession - Though it is desirable that there be some corroboration - No matter how slight (H14) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CONVICTION - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CONVICTION - Conspiracy - Sustainability - Conviction for conspiracy charge does not fail - Merely because conviction on substantive charge had failed (H3) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CONVICTION - Conspiracy - Validity - Appellant was rightly convicted of the offence - Irrespective of the altering of conviction for armed robbery - To attempted armed robbery (H3) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CONVICTION - Correctness of - The conviction was proper - Since error made by Court of Appeal - Has not affected case against appellant (H5) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

CONVICTION - Crime - Suspicion - Effect - Suspicion however strong it may be - Cannot constitute a crime or ground a conviction (H4) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CONVICTION - Discharge & acquittal - Co accused - Where there is joint trial of accused persons on a clearly interwoven case - Conviction of one cannot stand - Where the other was discharged & acquitted (H3) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CONVICTION - Judicial precedents - Authorities - Distinction - Tobby v. The State - Present case is different from the case law - Because evidence abound upon which - Accused can be convicted (H2) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

CONVICTION - No case submission - Determination - If a no case submission is made - Judge is to consider whether evidence exists for conviction - And whether it is safe to convict on such evidence (H4) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

CONVICTION - Unlawful assault - Correctness of - Accused can be rightly convicted of the offence pursuant to Criminal Code s. 355 - Although he was not specifically charged with same (H10) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

COURT MARTIAL - Appeals - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

COURT MARTIAL - Appeals - Leave - Failure to obtain - Effect - Since respondent did not seek leave to appeal against decision of Court Martial - The appeal is incompetent (H6) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

COURT MARTIAL - Appeals - Orders of court - Discharge & acquittal - Propriety - Court of Appeal wrongly gave the order - As there is no legal basis for so deciding (H8) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT MARTIAL - Charges - Amendment - Effect - Since trial began within three months as required - Amendment of the charge is of no effect (H3) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT MARTIAL - Convening of - Power - By s.131(3) Armed Forces Decree - An appropriate superior authority can authorize senior officer - To order a court martial in special circumstances (H1) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT MARTIAL - Documents - Official acts - Regularity of - Confirmation of the authorization to convene court martial in writing - Raises presumption of regularity - In absence of evidence to the contrary (H2) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT MARTIAL - Evidence - Crime - Proof - From findings of the court martial - Appellant clearly proved that N10m was stolen by accused - Inclusive of respondent who aided and abetted the forgery (H5) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT MARTIAL - Orders of court - Restitution - Instance - Armed Forces Decree s. 174 - Permits invocation of restitution against person - Who has been found guilty of an offence (H9) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURT PROCESSES - Abuse - Prevention of - Courts have inherent power - To prevent abuse of their processes - By any of the parties (H3) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

COURT PROCESSES - Abuse of - Appellant’s use of ex parte order to obtain release of judgment debt - While an application is pending at Court of Appeal against same - Was intended to render appellate court helpless (H2) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

COURT PROCESSES - Actions - On behalf of infants - Proper endorsement was not followed on the court processes - Which default was fundamental and not mere technicality (H5) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

COURT PROCESSES - Actions - Preaction notice - Court processes - Distinction - Preaction notice is for benefit of person to be served - And should not be equated with processes - Which are integral part of proceeding (H5) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

COURT PROCESSES - Affidavit of service - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURT PROCESSES - Appeals - Notice of appeal - Service of - By O.7 r.5 Court of Appeal Rules - Notice shall be served on named parties - But parties not directly affected - Need not be served (H5) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURT PROCESSES - Courts - Exercise of discretion - Correctness of - Service of process outside jurisdiction - Trial judge exercised discretion properly - By ordering the service - Though no leave was obtained before it was issued (H3) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

COURT PROCESSES - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

 

COURT PROCESSES - Originating summons - Service outside jurisdiction - Validity - The issue of the summons was valid - Though without obtaining leave - Since there is an address for service within Nigeria (H2) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

COURT PROCESSES - Service - Outside jurisdiction - Leave to issue - Lagos High Court Rules O.2 r.4 - Judge should consider the purpose of the rules - In granting or refusing leave - So as to avoid indulging in technicalities (H1) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

COURT PROCESSES - Service - Proof - Appellant who did not pay for service - Has onus to establish that he duly served respondent with the process (H6) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

COURT PROCESSES - Service - Proof - Where service is in dispute - Bailiff can swear to an affidavit of service - Although a certificate of service is not an exclusive means of proof (H2) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURT PROCESSES - Service - Relevance - Service of writ of summons is condition precedent - To exercise of jurisdiction by court - Out of whose registry the process was issued (H7) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

COURT PROCESSES - Writ of summons - Amendment - Commencement - Amendment takes effect from date on original document - And action continues as if amendment had been inserted from the beginning (H1) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURT PROCESSES - Writ of summons - Amendment - Leave - Court can grant leave to a party to amend his writ and pleadings - And when necessary - Court makes the amendment (H4) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURT PROCESSES - Writ of summons - Amendment - Procedure - Plaintiff can briefly state in general form - Particulars of his amendment - Which will sufficiently inform defendant of the details thereof (H3) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Action - Hearing - It is the duty of judge to facilitate the hearing - Of action pending before him (H1) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

 

COURTS - Actions - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

COURTS - Actions - Claims - Basis - It is clear from claim before court - That Aba Boko is the settlement in dispute - As it is wrong to impute what respondents did not make as their case (H2) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

COURTS - Actions - Commencement - Presumption of regularity - Plaintiff who commenced action which on the face is competent - Is deemed to have invoked presumed jurisdiction of court (H3) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

COURTS - Actions - Juristic personality - Amendment of writ - Trial court wrongly exercised its power under O. 32 - Because plaintiffs did not apply for amendment - Even after objection was raised to 1st defendant being sued in the name of a non juristic person (H1) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

 

COURTS - Actions - Justice delivery - Courts should aim at doing substantial justice - And allow formal amendments - Necessary for achievement of justice (H2) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Actions - Land law - Locus in quo - Visit to - Exercise of discretion - Order to conduct the visit in action de novo is inappropriate - As new trial judge has discretion whether or not to conduct such visit (H7) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Actions - Orders of court - Enforcement of - Applicable laws - Uhunmwangbo v. Okojie - The relevant laws are Sheriff and Civil Process law s.71 & Judgment Enforcement Rules O.9 r.13 - Hence trial court and Court of Appeal were wrong to have relied on English rules of procedure (H2) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

 

COURTS - Actions - Pleadings & findings - Sufficiency of - Determination - Sufficiency of pleadings and of findings in a case - Are determined by the cause of action (H5) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

COURTS - Actions - Proof - Onus of - Onus is always on plaintiff to prove his case - To the satisfaction of trial court (H1) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

 

COURTS - Actions - Public policy - Consideration of - Court should consider whether to allow a claim will be contrary to public policy - Or a denial of same will amount to injustice (H8) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

COURTS - Admiralty - Findings of courts - Effect - Reliance on rule 8 of Article III Hague Rules did not affect - The courts’ approach to determination of the carrier’s liability - And same is of no consequence to the result of the case (H1) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

COURTS - Admiralty - Jurisdiction - Invocation - Condition precedent - Admiralty jurisdiction of Federal High Court cannot be invoked - Once goods carried by ship have been discharged in the harbour (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

COURTS - Admission or default of defence - Declaration of right - Basis for grant - Court does not make declarations on admissions or in default of defence - Without hearing evidence and being satisfied with same (H11) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

COURTS - Affidavits - Depositions - Counter-affidavit - Failure to file - Effect - Defendants are deemed to have admitted facts in affidavits - And court is to rely on same (H1) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Affidavits - Depositions - Source - Need to disclose - Deponents must state source of their information - As court will not act upon such evidence - Save where corroborated by witness from personal knowledge (H12) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Appeal - Findings of facts - Interference - Unless special circumstance such as a perverse decision - Is clearly manifested in the record - Appellate court should not substitute its own findings for those of trial court (H1) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

 

COURTS - Appeals - Academic issues - Fate - Where a question before court is entirely academic or speculative - Appellate court will decline to decide the point (H12) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

COURTS - Appeals - Actions - Subject matter - Need to preserve - Court must see that the res is preserved - Especially where execution of successful appeal will be impossible (H3) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

COURTS - Appeals - Basis - As ruling of the trial court was not based on provisions of the African Charter of Human Rights - Appeal to Court of Appeal cannot be predicated on the Act (H3) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

COURTS - Appeals - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Appeals - Competence - Issues - Propriety of raising - The issue can be raised in Supreme Court - Because appellate court will not exercise jurisdiction - Over person who is not a party to the proceedings (H6) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Appeals - Concurrent findings - Supreme Court will not interfere - Since appellant failed to impeach findings of the lower courts (H7) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

COURTS - Appeals - Cross appeal - Striking out - Propriety - The cross appeal was rightly struck out in the circumstance - Having become an academic exercise in the Court of Appeal (H7) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

COURTS - Appeals - Damages - Quantum - Appellate court does not interfere - Save if it is satisfied that trial court has acted on wrong principle of law - And has made an erroneous estimate (H2) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

COURTS - Appeals - Decision - Interference - Court of Appeal rightly refused to interfere with decision of trial judge - More so as appellants have not shown that the court was wrong (H2) Jonason Triangles Ltd v. Charlesmoh & Partners Ltd (2002) 9-10 KLR (pt. 147) 3001; (2002) 15 NWLR (Pt. 789) 176

 

COURTS - Appeals - Determination of - Court of Appeal cannot in all cases - Validly determine on merit - Matter it earlier struck out for improper filing (H9) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Appeals - Error - Court of Appeal - Was clearly in grave error - In allowing an appeal which was never before it (H1) Bako v. Laniyan (2002) 7 KLR (pt. 143) 2145; (2002) 13 NWLR (Pt. 783) 171

 

COURTS - Appeals - Evidence - Evaluation - Court of Appeal decision - Correctness of - The court was right to hold that trial judge - Did not properly evaluate evidence (H2) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Appeals - Exercise of discretion - Correctness of - The court exercised its discretion judicially and judiciously - In accordance with justice and relevant considerations (H6) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

COURTS - Appeals - Exercise of discretion - Except where lower court did not exercise discretion in good faith - Or has acted arbitrarily - Supreme Court shall not substitute its own discretion (H3) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

 

COURTS - Appeals - Exercise of discretion - Where Court of Appeal in exercise of its discretion orders a retrial - Supreme Court will not interfere - Save where such discretion was contrary to justice (H4) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Appeals - Fair hearing - Proceedings - When issue of fairness of hearing arises - Appellate Court is to see whether the result of the case - Would have been the same even if breach of fair hearing did not occur (H1) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

COURTS - Appeals - Filing - Time frame - Armed Forces Act s.184(1) - Appeal to Court of Appeal shall be lodged within 40 days - From date Court Martial promulgated its findings (H3) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

COURTS - Appeals - Findings - Misdirection in - Conclusion made by Court of Appeal is a misdirection - Which has occasioned a miscarriage of justice (H1) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where findings are perverse - And are not supported by credible evidence (H8) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court may interfere with such findings - Where it is satisfied that trial judge - Failed to evaluate evidence (H3) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

COURTS - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where trial court failed to resolve conflicts in parties’ evidence (H2) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

COURTS - Appeals - Fresh issue - Leave - Since Criminal Code s.34 does not affect jurisdiction of court - The issue raised by appellant is a new one - Which requires leave of court (H2) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

COURTS - Appeals - Fresh issue - Failure to obtain leave - Fate - Appellant cannot validly appeal against exercise of Court of Appeal’s discretion - Since he neither sought nor obtained leave to do so (H1) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

COURTS - Appeals - Grounds - Framing - Appellant must clearly set out his grounds - So as to enable opposite party and court - To appreciate his complaint (H1) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

 

COURTS - Appeals - Hearing on merit - Meaning - Appeal is heard on merit once appellate court considered issues in controversy - And has taken a decision to confirm - Or to set aside decision of a lower court (H5) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

COURTS - Appeals - Issue - Abandonment of - Effect - Court does not deal with issue not placed before it - As it is a departure from role of court - For appellate court to insist on dealing with abandoned issue (H1) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

COURTS - Appeals - Issue - Raised but not considered - Propriety - Appellant’s question on adoption is not fresh issue that requires leave - Hence Court of Appeal erred - By not allowing appellant to argue same (H1) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

COURTS - Appeals - Issues - Determination - Basis - Appellate court considers issues - Based on grounds of appeal before it - Since trial court ought to have made primary findings of fact (H5) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

COURTS - Appeals - Issues - Determination - Court of Appeal ought to decide - Whether fresh ground sought to be raised - Was on substantial point of law - And whether no further evidence would be adduced in support (H9) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Appeals - Issues - Ruling - Supreme Court will not rule on a point - In which there is no live issue - As between parties before court (H1) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

COURTS - Appeals - Issues - Suo motu determination - Propriety - Since respondent’s statement in Exhibit 61 was never raised as an issue in Court of Appeal - The court was wrong to have considered same suo motu (H7) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

COURTS - Appeals - Issues - Suo motu raising - Olusanya v. Olusanya - Where appellate court raises point suo motu - Parties must be given opportunity to address court on the points - Before decision is made (H4) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

COURTS - Appeals - Issues - Suo motu raising - Propriety - Court of Appeal was in error for failing to give counsel time - To prepare for address on the issue raised suo motu (H1) Orthopedic Hospital Mgt. Board v. Garba (2002) 7 KLR (pt. 145) 2425; (2002) 14 NWLR (Pt. 788) 538

 

COURTS - Appeals - Issues - Suo motu raising - Propriety - Ojusanya v. Olusanya - Where points are taken suo motu by appellate court - Parties must be given the opportunity to address the court - Before decision is taken on such points (H1) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

 

COURTS - Appeals - Issues - Validity - Since Supreme Court does not sit on appeal from decision of trial court - Issue No.5 is irrelevant (H8) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

COURTS - Appeals - Judgment - Error - Court of Appeal was in error - When it upheld the plea of res judicata - In favour of respondents (H2) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

 

COURTS - Appeals - Judgment - Reversal - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

COURTS - Appeals - Judgments - Reasons for - Appellate court should not be concerned with phrase used by trial judge to describe his reasoning - But should consider whether the reasons are clear - And lead reasonably to the conclusion arrived at (H3) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

COURTS - Appeals - Jurisdiction - Filing appeal out of time - Effect - Failure to appeal within time - Without obtaining extension of time - Constitutes grave irregularity - That there would be no appeal before court (H2) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353

 

COURTS - Appeals - Jurisdiction - Issue of - When to raise - Jurisdiction can be raised any time during trial - But where it is new issue in an appellate court - Proper application must be made to raise it as a ground of appeal (H3) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

COURTS - Appeals - Land law - Courts - Findings of facts - Court of Appeal erred by dismissing the cross-appeal - And proper finding of trial court should be - That Owerre deforested the land in dispute (H7) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

COURTS - Appeals - Land Law - Decision of trial court - Interference - Since the court rightly dismissed plaintiff’s claim to title - Court of Appeal was wrong to have interfered with same (H5) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

COURTS - Appeals - Land law - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs’ traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

COURTS - Appeals - Land law - Visit to locus - Findings - Where parties were given equal opportunity at the locus to prove their case - Appellate court will not interfere with findings arising therefrom (H6) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Appeals - Notice of appeal - Filing - Computation of time - Appeal from Court of Appeal to Supreme Court is filed within 3 months - Excluding the date judgment was delivered (H1) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

COURTS - Appeals - Perverse findings - Fate - Court of Appeal gave perverse judgment for defendant - And same must not be allowed to stand (H2) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

COURTS - Appeals - Record of appeal - Binding nature - Appellate court must read and interpret record in its exact form - As it has no jurisdiction to read same out of context (H7) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Appeals - Records of Appeal - Binding nature - Parties and courts are bound by such records - Which are presumed correct unless contrary is proved (H14) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

COURTS - Appeals - Records of Appeal - Reference to - Correctness of - Appellate court is fully entitled to look at record of appeal - In consideration of any matter before it (H15) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

COURTS - Appeals - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

COURTS - Appeals - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

COURTS - Appeals - Retrial - Principles - To order retrial - There must be inter alia an error in law or irregularity in procedure - And that evidence discloses substantial case against appellant (H3) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

COURTS - Appeals - Retrial order - Basis - Retrial is ordered where there was error in law or procedure - Which neither renders trial a nullity - Nor makes appellate court to rule that there was no miscarriage of justice (H3) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Appeals - Retrial order - When irrelevant - Where there is no appeal against failure of Court of Appeal to pronounce on issues raised - Supreme Court will not order retrial (H5) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

COURTS - Appeals - Right of appeal - 1999 Constitution s. 233(2)(3) - Appeals may be as of right where grounds are of law - Or with leave of court where grounds are of mixed fact and law or of facts (H1) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

COURTS - Appeals - Right of appeal - By s.202 of Armed Forces Decree No 105 - Aggrieved party to proceedings in Court of Appeal - Can appeal to Supreme Court (H2) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

COURTS - Arbitrator - Award - Finality of - Kelantan’s case - Where specific question of construction of a law is referred to arbitrator - His decision on that point cannot be set aside - On the ground that court would have ruled otherwise (H4) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

COURTS - Area courts - Composition - The courts must not all be made up of panel of judges - As there are sole area court judges in all States - That were parts of former Northern Nigeria (H1) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

COURTS - Area courts - Constitution - Presumption of regularity - The court is presumed to be properly constituted - As there was no indication that it was not so constituted (H3) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

COURTS - Armed robbery - Identification of robbers - Appellant’s argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

COURTS - Banking - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

COURTS - Banking - Revocation of licence - Jurisdiction - BOFID s. 49 provides an ouster clause - Hence plaintiff must show bad faith and element of same in the revocation - In order to confer jurisdiction on court (H5) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

COURTS - Case law - Citation - Court does not confine itself to authorities cited by parties - As it can in an effort to improve its judgment - Rely on authorities not cited by parties (H10) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Charges - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

COURTS - Charges - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

COURTS - Charges - Failure to record - Though it is good for court to record that charge was read and explained to accused - But failure to do so does not render trial a nullity (H1) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

COURTS - Company law - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

COURTS - Confessions - Retraction - Court can convict on retracted confession - Though it is desirable that there be some corroboration - No matter how slight (H14) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Confessions - Weight - Trial court is to consider circumstances under which confession was made - And decide what weight to be attached to same (H7) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Consequential order - Correctness of - Under O.7 r.3 Federal High Court Rules - Trial court rightly gave the order - Since there was no claim for damages (H8) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

COURTS - Constitution - Federation account - Revenue allocation - “Not less that 13%” - Meaning - The phrase is discretion given to lawmakers - Hence it is not for court to exercise same (H12) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

COURTS - Contracts - Appeals - Misconception - Effect - Where an appellate court misconceives appellant’s case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

COURTS - Contracts - Breach - Jurisdiction - Determination - By O.4 r.3 High Court Rules of Anambra State - Jurisdiction can be decided by where contract was made - Where it ought to have been performed - And where defendant resides (H3) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

COURTS - Conviction - Correctness of - The conviction was proper - Since error made by Court of Appeal - Has not affected case against appellant (H5) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

COURTS - Criminal procedure - Charges - Amendment of - Prosecution does not need leave to amend charges - But applies to court to accept the amendment - Pursuant to Criminal Procedure Law s. 163 (H1) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

COURTS - Criminal procedure - Retrial order - Principles - Abodunde v. R. - Court should consider the need to balance societal interest - With need to protect accused from oppressive trial (H4) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

COURTS - Criminal proceedings - Commencement - The proceedings start when an accused person is arraigned before court - Or when charge has been filed against him in court (H9) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

COURTS - Customary courts - Proceedings - The courts are not bound to follow strict and technical rules of evidence (H12) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Customary law - Spokesman - Status - Spokesman is representative of community - And is usually appointed to present their case - Before customary court (H4) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Damages - Award - Error - Effect - Erroneous assumption of additional award is inconsequential - Since Court of Appeal did not make an award of its own (H5) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

COURTS - Damages - Unliquidated damages - Award of - Basis - Court is not entitled to make the award - Without taking credible evidence from parties (H11) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Damages - Unliquidated damages - Meaning - Damages are unliquidated where court has to assess loss - Or where payable amount is fixed by estimate (H8) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Discretion - Exercise of - Basis - Party applying to the court to exercise its discretionary power in his favour - Must put up convincing argument - To show he is entitled to decision applied for (H2) Olumegbon v. Kareem (2002) 5 KLR (pt. 139) 1361

 

COURTS - Discretion - Exercise of - Challenge to - Judge’s discretion is not absolute - As same can be challenged by aggrieved party - So as to show that the discretion was not judiciously exercised (H2) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

COURTS - Discretion - Exercise of - Interference - Appellate court will not interfere with the discretion of trial court - Unless where such discretion was exercised upon wrong principle - Or was tainted by substantial irregularity (H4) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

COURTS - Discretion - Exercise of - Stay of execution - Court will not normally at the instance of unsuccessful litigant - Deprive a successful litigant of fruits of judgment in his favour (H2) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

COURTS - Documents - Investigation - It is not proper for court to examine documents - In such a manner that will amount to fact finding investigation - That leads to discovery of facts - Which could have been proved by evidence (H1) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

COURTS - Documents - Murder - Autopsy report - Failure to call maker - It is not imperative to call a maker named under Evidence Act s.42 - Though court has jurisdiction on application of a party - To summon such maker (H3) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Documents - Non contractual document - Rectification - Where document is not contractual - Court may enquire whether party seeking its rectification - Has sufficient interest to invoke jurisdiction of court (H4) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

COURTS - Estoppel - Plea - Condition precedent - Party relying on the plea must prove sameness of parties and subject matter - And a valid final decision - Delivered by court of competent jurisdiction (H8) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

COURTS - Evidence - Adjudication - Where inquiry is commenced before one adjudicator - But completed by another - The latter cannot decide upon evidence given before the former (H7) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Evidence - Admission - Court is not bound to stick to admitted piece of evidence - If it later discovers that such evidence is not legal - As it must expunge same - And decide on legally admissible evidence (H3) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Evidence - Admission - Court is not permitted to admit and act on inadmissible evidence - But if such evidence was admitted by overruling an objection - The same must be rejected at final judgment (H4) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Evidence - Appeals - Reevaluation - Justification - Appellate court can reassess evidence - Where trial court’s findings are perverse - Or the use made of a document goes beyond its evidential value (H5) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

COURTS - Evidence - Contradiction - Effect - Since there is no contradiction in evidence adduced - Trial court rightly held that plaintiff’s case was proved (H2) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

COURTS - Evidence - Evaluation - Correctness of - Trial court rightly evaluated evidence - As plaintiffs are entitled to take advantage of evidence for defendants - That support their case (H4) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

COURTS - Evidence - Evaluation - Court evaluating evidence given at trial - Acts within its responsibilities if it attaches no weight - To bare assertions of a party (H5) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

COURTS - Evidence - Evaluation - Trial court evaluates and ascribes probative value to evidence - And appellate court does not ordinarily interfere (H1) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

COURTS - Evidence - Evaluation - Where trial court has properly evaluated and ascribed probative value to evidence - Appellate court will not interfere (H6) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

COURTS - Evidence - Evaluation - Where trial court made proper evaluation - Appellate court is not entitled to interfere - Particularly when evaluation was based on credibility of witness (H3) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

COURTS - Evidence - Findings of trial court - Substituted with Doctrine of recent possession - Correctness of - Since there is direct evidence before trial court - Court of Appeal wrongly introduced the doctrine (H4) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

COURTS - Evidence - Handwriting - Determination - It is not unusual for courts to form their opinion as to handwriting - By comparing genuine specimen with disputed one (H3) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

COURTS - Exercise of discretion - Basis - Trial court considered other reasons - Apart from the ones listed by Court of Appeal - Before coming to the conclusion to make its orders (H1) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

COURTS - Exercise of discretion - Correctness of - Service of process outside jurisdiction - Trial judge exercised discretion properly - By ordering the service - Though no leave was obtained before it was issued (H3) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

COURTS - Exercise of discretion - Writ of mandamus - Grant - Court may not overrule discretion not to perform public duty - And may also refuse to order mandamus - On the ground that granting the order will serve no useful purpose (H5) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

COURTS - Fair hearing - Allegation of breach - Sustainability - Mistake of trial judge in wrong usage of evidence - Did not contravene principles of fair hearing - And will not vitiate the trial proceedings (H4) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

COURTS - Fair hearing - Bias - Issue of bias cannot be raised - Simply because Akintan JCA had participated in earlier case between the parties - On a different issue (H10) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

COURTS - Fair hearing - Breach - Allegation of - Sustainability - Respondent was not unfairly treated - Since he did not complain - When first part of the order was complied with (H3) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

COURTS - Fair hearing - Breach - Allegation of - The complaint is unmeritorious - As Court of Appeal properly considered arguments of parties - And evidence before its conclusion (H8) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

COURTS - Findings of fact - Binding nature of - Unless special circumstances exist - No appellate court should substitute its own findings - For those of trial court (H1) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

COURTS - Findings of facts - Where trial judge makes proper findings - Court of Appeal should not interfere - Save if the findings are perverse (H6) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

COURTS - Interlocutory applications - Determination of - Court should not delve into issues meant for the substantive suit or appeal - When considering interlocutory applications (H10) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Issues - Binding nature of - Court cannot grant party relief not sought - As it has no jurisdiction to set up different or new case - For parties (H5) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

COURTS - Issues - Binding nature of - Resolution - Court must limit itself to issues at stake - And should refrain from indulging in extraneous matters (H2) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

COURTS - Issues - Determination - Basis - Court determines issue on legally admissible evidence - As it has no discretion to act on evidence made inadmissible - By statutory provision (H1) Eghobamien v. Federal Mortgage Bank of Nigeria (2002) 7 KLR (pt. 143) 2229; (2002) 17 NWLR (Pt. 797) 488

 

COURTS - Issues - Determination - Basis - In resolution of issues raised in a case - Court must take into account - Relevant evidence placed before it - And also relevant provisions of Evidence Act (H2) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

COURTS - Issues - Determination - Obiter dictum - Effect - Such dictum does not decide live issues in a matter - But it is ratio decidendi that decides (H8) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Issues - Determination - Statutory interpretation and jurisdiction - Court can consider the issues based on pleadings - Without calling for further evidence - Except when inevitable (H5) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Issues - Failure to determine - Effect - Failure to consider all issues joined by parties - May or may not result in setting aside decision reached - Depending on whether miscarriage of justice is occasioned (H1) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

COURTS - Issues - Settlement of - Courts are vested with power to settle issues between parties - And they must ensure that genuine issues are settled (H4) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

COURTS - Joinder of party - Application to strike out - Competence - Since court lacks jurisdiction to review its decision - Application to strike out name of party earlier added - Is incompetent (H3) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

COURTS - Judgments - Binding nature of - Once court gives judgment - It becomes functus officio - And cannot reverse same - Except under the very restricted slip rule (H2) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Judgments - Confinement to issues - Judgments must be confined to issues raised by parties - As court cannot make case for parties - And deliver judgment on same (H1) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

COURTS - Judgments - Delivery - Against nonparty - Fate - Judgment obtained against a nonparty to proceedings - And is also not caught by estoppel by standing by - Smacks of injustice and ought not to be allowed (H8) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

COURTS - Judgments - Delivery - Time limit - Where an application is made at conclusion of evidence and addresses - Three months period starts from date court adjourns for judgment (H2) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

COURTS - Judgments - Dissenting judgment - Status - Dissenting judgment however powerful - Is not the judgment of court - And is therefore not binding (H9) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

COURTS - Judgments - Errors - Correction of - Imposition of sentence under Robbery & Firearms Act s. 2(1) - Was a clerical error made by court - Which can be corrected (H12) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

COURTS - Judgments - Finality of - Test - Res judicata - Fadiora v. Gbadebo - If court that gave a decision cannot vary or set aside same - Then such decision is considered as final one (H3) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

COURTS - Judgments - Misdirection - Effect - Since trial judge thoroughly evaluated evidence - Any misdirection by Court of Appeal - Will not affect judgment of trial court (H6) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

COURTS - Judgments - Perverse decision - Meaning - Decision is perverse when it runs counter to evidence - Where court considered extraneous matters - Or when miscarriage of justice was occasioned (H5) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

COURTS - Judgments - Perverse finding - Effect - Court of Appeal rightly held that the finding did not result in miscarriage of justice - To necessitate the judgment being set aside (H3) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

COURTS - Judgments - Ratio decidendi - Failure to set out seriatim - Judgment is not bad because judge fails to set out - Reasons on each complaint (H4) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

COURTS - Judgments - Review - Instances - Court lacks jurisdiction to review its decision - Except when inter alia the decision is a nullity by breach of procedure - Or when judgment was given in default (H1) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

COURTS - Judicial acts - Validity - It is presumed that formal requisites for validity of such acts were complied with - Provided the acts were done in substantially regular manner (H4) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Judicial precedents - Actions - Declaration of right - Basis - Wallersteiner v. Moir - Court makes such declaration upon satisfactory evidence - That plaintiff is entitled to such right (H4) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Jurisdiction - Determination - Basis - Jurisdiction of Awka High Court over the suit - Shall be determined from oral or affidavit evidence available (H1) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

COURTS - Jurisdiction - Federal High Court - 1979 Constitution s.230 - The section confers exclusive jurisdiction on the court - Since defendant is an agency of Federal Government (H1) NEPA v. Edegbero (2002) 12 KLR (pt. 150) 3399; (2002) 18 NWLR (Pt. 798) 79

 

COURTS - Jurisdiction - Federal High Court - Admiralty jurisdiction of the court cannot be invoked - Once goods carried by a ship have been discharged - Or delivered to destination point of the cargo (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

COURTS - Jurisdiction - Fundamental nature of - Matter of jurisdiction if raised in good time - Must be determined first by court - To avert possibility of nullity of trial (H2) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

COURTS - Jurisdiction - Issue - Suo motu raising - Westminster Bank’s case - Court can on its motion object to its jurisdiction - Especially where absence of same is apparent - On the face of the proceedings (H3) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

COURTS - Jurisdiction - Orders of court - Where court has jurisdiction to make an order - The fact that its power was invoked under wrong rule - Is not ground for refusal (H13) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Jurisdiction - Proof - Burden of - Since respondent asserted that Awka High Court was proper venue for the suit - Burden is on him to prove same (H2) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

COURTS - Jurisdiction - Proof - Unless respondent clearly shows that he resided within jurisdiction of Awka High Court - The case cannot be heard by the court (H4) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

COURTS - Jurisdiction - State High Court - 1999 Constitution s.251 - Where the Constitution confers jurisdiction - Power of court cannot be vitiated - Merely because the matter concerns parties who are Moslems - Provided the matter is not of Islamic personal law (H4) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

COURTS - Justice - Duty to do - Courts are to do substantial justice - And justice is not done - Where judgment is reached based on no facts - Due to wrong procedure adopted by court and parties (H8) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

COURTS - Land law - Appeals - Germane issue - Controversial issue is determination of boundary between parties - But trial judge missed same - And thus arrived at erroneous decision (H1) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Land law - Appeals - Judgment - Validity of - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

COURTS - Land law - Finding of trial judge - Correctness of - Trial judge was right in his finding - That Evidence Act s. 46 operated more in favour of respondents than appellants (H5) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

COURTS - Land law - Findings of fact - Findings made by trial judge - And affirmed by Court of Appeal - Have not been shown to be perverse (H4) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

COURTS - Land law - Issue for determination - Relevant issue is participation of the sons in burial of their father - As to entitle them to a share in his estate - And not consideration of Ikwerre’s inheritance custom (H3) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

COURTS - Land law - Judicial precedents - Kojo v. Bonsie - Application of - Trial court properly applied the principle - And Court of Appeal erred in its criticism of same (H1) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

COURTS - Land law - Locus in quo - Visit to - When irrelevant - Such visit is not necessary - Where identity of land is known to court and parties - And where court’s judgment is not based on impressions from the visit (H5) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

COURTS - Land law - Registration - Duty of registrar - He registers title after investigation - And may refuse first registration when it involves decision as to ownership - Until parties resolve their claims in court (H12) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

COURTS - Land law - Title - Conflicting claims - Proof - Onus lies on both sides to prove to court - That they are exclusive owners of the land - And this must be decided on balance of probabilities (H3) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

COURTS - Land law - Title - Counter claim - Failure to file defence - Effect - Such failure is irrelevant because court does not make declaration of rights - Without hearing evidence and being satisfied of same (H8) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

COURTS - Land law - Title - Proof - Plaintiff must satisfy court on strength of evidence he adduced - And not on weakness of defence - Save where his case is supported by defence (H3) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

COURTS - Land law - Title - Proof - Plaintiff must satisfy court that he is entitled to the declaration he seeks - Based on evidence brought by him (H4) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

COURTS - Land law - Title - Proof - Traditional history - Relevance of - Where evidence of such history is not contradicted and is found to be cogent by court - The same can support a claim for declaration of title (H2) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

COURTS - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

COURTS - Land law - Visit to locus in quo - Procedure adopted - Correctness of - Court adopted right procedure during the visit - By giving parties opportunity of being heard (H8) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

COURTS - Master & servant - Contract of service - Enforcement - Court will not foist an employee on an unwilling employer - Or make an order of specific performance of an ordinary contract of service (H2) Isievwore v. NEPA (2002) 7 KLR (pt. 144) 2317; (2002) 13 NWLR (Pt. 784) 417

 

COURTS - Master & servant - Termination - Validity - Trial judge wrongly foisted on an unwilling employer an employee - Whose conduct had become suspect - And not in the best interest of employer (H1) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

COURTS - Mortgages - Sale - Setting aside - Correctness of - When a sale is liable to be set aside on any of several grounds - The fact that court included one untenable ground for setting it aside - Does not make its verdict erroneous - Provided that there is a valid ground to sustain the verdict (H10) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

COURTS - Murder - Proof - Courts rightly held that prosecution - Proved beyond reasonable doubt - The death of deceased by strangulation (H11) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

COURTS - Native courts - Need to do justice - The courts are to do justice in terms of issue in controversy - As disclosed by writ and evidence - And not to consider technicalities (H4) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

COURTS - Native Courts - Proceedings of the courts - Are to be considered liberally - To determine whether substantial justice has been done to parties - Within the permitted procedure (H1) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

COURTS - Native law - Proof - Such law and customs must be proved - Except where court has taken judicial notice of them (H4) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

COURTS - Orders - Grant of - Principles - Where nature of order sought is vague - It can not be granted - As orders are not made in vacuo (H5) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

COURTS - Orders of court - Competence of - Since there was no proof of adoption of the children by deceased - Trial court’s order including them as beneficiaries must be set aside (H3) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

COURTS - Orders of court - Joinder of party - Correctness of - A person made party by order of court is properly joined - Until such an order has been set aside by higher court (H2) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

COURTS - Orders of court - Setting aside - Where there is fundamental defect which goes to issue of jurisdiction - Court may regard order made as nullity - And set same aside upon application (H8) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

COURTS - Orders of court - Writ of mandamus - Intendment - The writ is used to secure performance of public duty - Of which applicant has interest - And if exercise of such involves discretion - Court is to examine whether discretion to refuse to act is properly exercised (H4) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

COURTS - Ouster clause - Special Tribunal Decree 1984 s. 8(1) - The section stipulates that where the tribunal acts within its jurisdiction - No proceeding shall be instituted in any court - On account of any thing done pursuant to the Decree (H4) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

COURTS - Pleadings - Binding nature of - Effect - Parties are bound by their pleadings - And evidence which is at variance with pleadings - Goes to no issue - And should be disregarded by court (H3) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

COURTS - Pleadings - Binding nature of - Effect - Parties are bound by their pleadings - And evidence which is at variance with averments - Goes to no issue and should be disregarded by court (H1) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

COURTS - Pleadings - Binding nature of - Parties are bound by their pleadings - And evidence which is at variance with averments in pleadings - Must be disregarded by court (H1) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

COURTS - Pleadings - Counter affidavits - Refusal of - Propriety - Courts were right to refuse use of the affidavits - Since facts of the matter are not disputed - And arguments were based on law (H5) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

COURTS - Pleadings - Evidence - Adducing of - Failure of plaintiff to adduce affidavit evidence - Is not fatal to his case - As court is being called upon - To determine matter of law (H3) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

COURTS - Pleadings - Evidence - Admitted facts - When parties have agreed about a particular matter - Such matter need not be proved - And court should accept same as established without proof (H1) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

COURTS - Pleadings - Filing - FHC Rules O. 31 r. 1 - Purpose - The court shall order pleadings to be filed by parties - Save where it is of the opinion that hearing can be conducted without pleadings - Such as when the facts are undisputed (H1) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

COURTS - Pleadings - Findings of trial court - Correctness of - Whatever lack of particularity in pleadings - In respect of lack of good faith has been remedied by evidence - Hence Court of Appeal should have upheld the findings of trial court (H9) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

COURTS - Pleadings - Limitation - Courts must limit themselves to issues raised by parties in their pleadings - As to do otherwise may result in denial of fair hearing (H2) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

COURTS - Power - Pleadings - Amendment of - Courts can amend pleadings - And such power will not be questioned - Unless it was improperly exercised (H3) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

COURTS - Power - Stay of execution - Grant - Power to grant or refuse stay of execution of a judgment is discretionary - And must be exercised judicially and judiciously (H1) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

COURTS - Powers - Stay of proceedings - Discretion of court to stay proceedings - Is derived from inherent jurisdiction of court - And such must be sparingly exercised (H7) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

COURTS - Practice & procedure - Default defence - Judgment - Correctness of - High Court Rules of Lagos O. 24 r. 11 - Court was right to base its decision on statement of claim (H2) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Proceedings - Purpose - Object of court is to decide rights of parties - And not to punish them for mistakes made - In the course of conduct of their cases (H6) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

COURTS - Processes - Abuse - Prevention of - Courts have inherent power - To prevent abuse of their processes - By any of the parties (H3) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

COURTS - Processes - Abuse of - Appellant’s use of ex parte order to obtain release of judgment debt - While an application is pending at Court of Appeal against same - Was intended to render appellate court helpless (H2) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

COURTS - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Processes - Service - Relevance - Service of writ of summons is condition precedent - To exercise of jurisdiction by court - Out of whose registry the process was issued (H7) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

COURTS - Record of proceedings - Judicial notice - Record of proceedings - Court will take judicial notice of its own proceedings and records - As well as contents therein (H3) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

COURTS - Reliefs - Grant of - Limit - Court does not grant to party - Relief which he has not sought - Or which is more than he has claimed (H9) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

COURTS - Retrial Order - Propriety - Where trial was void ab initio - Proper order to make is to order for proper trial to take place - And not a retrial (H4) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

COURTS - Rules of court - Binding nature of - Court and parties are bound by the rules - And any complaint on procedural irregularity succeeds on appeal - If same caused miscarriage of justice (H5) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

COURTS - Rules of court - Pleadings - Reply - Filing - H.C. Rules of Eastern Nig O.33 r.1 - Where court did not order reply to be filed - Plaintiff who considers a reply to statement of defence essential - May apply for leave (H2) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

COURTS - Sale of goods - Damages - Assessment - Sale of Goods Act s. 51(3) - Application - Since trial judge failed to apply the provision - Opportunity was given to Court of Appeal to reassess the damages (H5) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

COURTS - STATUTES - Damages - Assessment - By s.16 Court of Appeal Act & s.22 Supreme Court Act - Appellate Court can substitute its own assessment - Where it decides to interfere (H1) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

COURTS - Statutes - Interpretation - Application of law to facts - When faced with such issue - Judge must inter alia - Identify how the meaning thereof - Relates to case in controversy (H7) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Statutes - Interpretation - Duty of judge - Since the judge found the statute unambiguous - He ought to have applied the law to the facts - And not to criticize the drafting and grammatical construction of the law (H6) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Statutes - Interpretation - Golden rule - Where literal interpretation may result in ambiguity or injustice - Court may seek internal or external aid in its interpretation (H4) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

COURTS - Statutes - Interpretation - Limits - Where statutory language is clear - Court must not alter the meaning thereof - As unwise legislation will be corrected through democratic process (H9) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Statutes - Interpretation - Principle - Where words of a statute are clear and unambiguous - Court has duty to interpret same strictly - Without resorting to intrinsic or external aid (H3) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

COURTS - Stay of execution - Special circumstances - Meaning - Special circumstance is situation that if not addressed - Will destroy subject matter of proceedings - And render nugatory any order of Court of Appeal (H4) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

COURTS - Supreme Court - Powers - Supreme Court Act s. 26 - Even when there is no appeal against sentences - The Court can suo motu correct any error made by Court of Appeal (H13) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

COURTS - Trademarks - New design - Infringement - Resolution - Design claimed to be infringed and the infringing one - Should be put side by side - So that court can determine their similarities or differences (H2) Uzokwe v. Densy Industries Nig. Ltd. (2002) 7 KLR (pt. 146) 2517; (2002) 2 NWLR (Pt. 752) 528

 

COURTS - Words & phrases - “Court” - Meaning - Court as used in s. 22 of High Court Law of Eastern Nigeria - Means the present High Court of Anambra State (H5) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

COURTS - Writ - Amendment - Limit - Although the court is empowered by FHC Rules O. 32 to amend suo motu - Yet such is rarely exercised - And court is not to force unsolicited amendments upon parties (H3) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

 

COURTS - Writ - Amendment suo motu by court - Must be exercised judicially and judiciously - And must not be exercised in vacuo - But be based on relevant materials placed before court by parties (H2) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

 

COURTS - Writ of summons - Amendment - Leave - Court can grant leave to a party to amend his writ and pleadings - And when necessary - Court makes the amendment (H4) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

COURTS - Wrong holding - Land law - Identity of land - Proof - Appellant clearly described the disputed land in exhibit B - Hence Court of Appeal wrongly held that same was not proved (H1) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

CRIME - Actions - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CRIME - Police - Criminal investigation - Limitation - 1999 Constitution s. 308 - Police can investigate criminal allegation against a Governor - So long as they do not encounter him - In the course of investigation (H6) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CRIME - Police - Discretion - Exercise of - Criminal investigation - Police has discretion on whether or not to investigate allegation of crime - And such may be exercised depending on their capability - And overall interest of the society (H1) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CRIME - Police - Exercise of discretion - Investigation of crime - 1999 Constitution s. 188 - The section provides no reason for police - To refuse an investigation of alleged crime in appropriate circumstance (H3) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CRIME - Proof - From findings of the court martial - Appellant clearly proved that N10m was stolen by accused - Inclusive of respondent who aided and abetted the forgery (H5) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

CRIME - Statutes - Interpretation - Special Tribunal Decree 1984 s. 3(4)(a) - Offence provided in the section - Covers public and private dwelling houses - And is not restricted to dwelling house belonging to government (H3) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

CRIME - Suspicion - Effect - Suspicion however strong it may be - Cannot constitute a crime or ground a conviction (H4) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CRIMINAL LAW - Conspiracy - Distinctive nature - It is a separate and distinct offence - And it is independent of the actual commission of the offence to which it relates (H1) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL LAW - Forgery - Proof - Exhibits 9A-C were demonstrated to be false representations - With the intention to defraud on the part of the conspirators (H4) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

CRIMINAL LAW - Informal admissions - Meaning - They are statements by accused which are against his interest - But such statements are not conclusive against the maker (H6) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL LAW - Jurisdiction - Miscellaneous Offences Tribunal - Arson - Special Tribunal Decree 1984 s. 3(4)(a) - Interpretation - Learned trial judge construed the section before applying s. 8(1) of the Decree (H1) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

CRIMINAL PROCEDURE - Arraignment - Validity - CPL s. 215 - Non compliance with the section in criminal trial - Renders such trial null and void ab initio (H1) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

CRIMINAL PROCEDURE - “Prima facie” - Meaning - The phrase may refer to facts clearly revealing a crime - And the crime links the accused (H7) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Actions - Allegation of - Standard of proof - By s. 138(1) Evidence Act - Where commission of crime by a party is in issue - Such must be proved beyond reasonable doubt (H5) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

CRIMINAL PROCEDURE - Alibi - Particulars of - Proof - Accused must disclose the particulars at the earliest time - So as to put the burden on police - To deal with them with some finality (H2) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CRIMINAL PROCEDURE - Alibi - Plea of - How to raise - Accused must raise the defence promptly and properly - And burden of proving the offence - Does not shift to accused (H9) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Alibi - Proof - Burden of - It is not for accused to prove the defence - Prosecution must disprove same - As part of its duty to prove the offence - Beyond reasonable doubt (H8) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Alibi - Proof - Prosecution evidence - Effect - Where prosecution leads unassailable evidence - Which shows that accused was at crime scene - The defence collapses (H11) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Alibi - Proof - Standard of - Where prosecution adduced evidence to disprove the defence - It is left for accused to discredit such evidence - Based on balance of probabilities (H10) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Alibi - Sustainability - To sustain the plea - Accused must give adequate particulars of his whereabouts - At time of the commission of the offence (H7) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Armed robbery - Identification of robbers - Appellant’s argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

CRIMINAL PROCEDURE - Armed robbery - Mandatory sentence - Justification for - Seriousness of offences charged in this case - Justified the mandatory sentence of life imprisonment (H14) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Bail - Exercise of discretion - Considerations that determines grant of bail - Often depend on the stage of criminal proceedings (H1) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

CRIMINAL PROCEDURE - Bail - Grant - Conditions - Allegation of ill health - Sustainability - Mere allegation of bad health will not be sufficient - As discretion is exercised based on facts of each case (H3) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

CRIMINAL PROCEDURE - Bail - Grant - Conditions - Fawehinmi v. The State - Ill health is consideration that justifies - Grant of bail on special circumstances (H2) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

CRIMINAL PROCEDURE - Bail - Grant - Medical ground - The law does not grant right to medical facility of choice - Since the State has duty to provide same (H4) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

CRIMINAL PROCEDURE - Charge - Amendment of - Fair hearing - Trial of appellant complied with rules of court - Hence here is nothing to justify allegation of unfair hearing (H3) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Charge - Amendment of - Validity - Since prosecution complied with Criminal Procedure Law s. 163 - The amended charge is therefore valid (H2) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Charge - Other offence - Conviction - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CRIMINAL PROCEDURE - Charges - Amendment - Fresh plea - Procedure - The amended charge is read over and explained to accused - And his fresh plea taken (H3) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CRIMINAL PROCEDURE - Charges - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CRIMINAL PROCEDURE - Charges - Amendment of - Prosecution does not need leave to amend charges - But applies to court to accept the amendment - Pursuant to Criminal Procedure Law s. 163 (H1) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Charges - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CRIMINAL PROCEDURE - Charges - Failure to record - Though it is good for court to record that charge was read and explained to accused - But failure to do so does not render trial a nullity (H1) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CRIMINAL PROCEDURE - Charges - Indictment - Need for clarity - The charge must be clear - So that accused will understand the complaint against him (H9) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Charges - Joinder of offences - Propriety - It is improper to charge two distinct offences in single charge - And amendment was needed to correct such error (H1) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

CRIMINAL PROCEDURE - Charges - Preferment - Application for - Grant - There must be clear particulars and facts in the proof of evidence - To justify grant of the application - As trial is not automatic (H1) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Confession - Language used - Exhibits C&D were rightly made in English language - Since appellant proffered no evidence to controvert same (H1) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

CRIMINAL PROCEDURE - Confession - Retraction - Although appellant resiled from his statement - The same remained voluntary - As the trial Judge applied right principle regarding conviction on such confession (H1) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CRIMINAL PROCEDURE - Confessions - Meaning - Confession is admission by a person charged with crime - Suggesting the inference that he committed the crime (H5) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Confessions - Retraction - Court can convict on retracted confession - Though it is desirable that there be some corroboration - No matter how slight (H14) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Confessions - Weight - Trial court is to consider circumstances under which confession was made - And decide what weight to be attached to same (H7) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Conspiracy - Conviction for - Validity - Appellant was rightly convicted of the offence - Irrespective of the altering of conviction for armed robbery - To attempted armed robbery (H3) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Conspiracy - Establishment of - It is inferred from circumstantial evidence - And from common intention of accused persons - Even though armed robbery did not materialize (H2) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Conviction - Confession - Accused will not be convicted upon inadmissible statement - Unless prosecution shows that same was voluntarily obtained (H2) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

CRIMINAL PROCEDURE - Conviction - Conspiracy - Sustainability - Conviction for conspiracy charge does not fail - Merely because conviction on substantive charge had failed (H3) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CRIMINAL PROCEDURE - Courts - Charges - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CRIMINAL PROCEDURE - Courts - Retrial order - Principles - Abodunde v. R. - Court should consider the need to balance societal interest - With need to protect accused from oppressive trial (H4) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

CRIMINAL PROCEDURE - Crime - Suspicion - Effect - Suspicion however strong it may be - Cannot constitute a crime or ground a conviction (H4) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

CRIMINAL PROCEDURE - Discharge & acquittal - Co accused - Where there is joint trial of accused persons on a clearly interwoven case - Conviction of one cannot stand - Where the other was discharged & acquitted (H3) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CRIMINAL PROCEDURE - Evidence - Contradiction in - Effect - Contradiction in evidence of prosecution must be substantial - For same to be fatal to its case (H6) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CRIMINAL PROCEDURE - Fair hearing - Amendment of charge - Appellants were not prejudiced by the fact of amendment - Since trial court adopted a proper procedure (H5) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

CRIMINAL PROCEDURE - Fair hearing - Interpreter - 1979 Constitution s. 33(6)(a)(e) - Failure to provide interpreter where needed - Is breach of the section which is fatal to a criminal trial (H4) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

CRIMINAL PROCEDURE - Fair hearing - Right to counsel - Breach - Appellants were not given adequate opportunity - To be represented by legal practitioner of choice (H1) Ogboh v. FRN (2002) 4 KLR (pt. 137) 991; (2002) 10 NWLR (Pt. 774) 21

 

CRIMINAL PROCEDURE - Identification - Correctness of - Trial Judge rightly relied on the evidence of PW 3 - As he had foreknowledge of the accused - And did properly identified them (H4) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

CRIMINAL PROCEDURE - Identification parade - Relevance of - It is necessary to test witness’s power of recognition - And when there is doubt as to who was seen in connection with an offence (H5) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Identification parade - When irrelevant - It becomes unnecessary where witness claims to have seen a definite person - In which case the credibility of such witness is put to test (H6) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CRIMINAL PROCEDURE - Indictment - Application to quash - Determination - Depositions made by potential witnesses and accused must be read - So as to find if there was prima facie case - For accused to answer (H6) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Informal admissions - Admissibility - Confession made by a person even to himself - If overheard by someone else - May be received in evidence (H8) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Insanity - Determination of - Insanity is decided by trial judge - And not medical men - And it is dependent upon previous and contemporaneous acts of accused (H1) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

CRIMINAL PROCEDURE - Insanity - Ingredients - Proof - Accused must be suffering from mental disease - That rendered him incapable of understanding his acts or omissions (H4) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

CRIMINAL PROCEDURE - Insanity - Proof - Onus of - Where accused pleads insanity - Onus is on him to produce evidence of same (H2) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

CRIMINAL PROCEDURE - Interpreter - Failure to record - Though it is desirable for trial judge to record use of interpreter - But failure to so record does not vitiate trial (H3) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

CRIMINAL PROCEDURE - Interpreter - Necessity of - Use of interpreter becomes mandatory - Where a person charged with criminal offence - Does not understand the language used at trial (H2) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

CRIMINAL PROCEDURE - Judgment - On no case submission - Propriety - In considering a no case submission - A judge should not write judgment - But a brief ruling - And make no observation on the facts (H2) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

CRIMINAL PROCEDURE - Judgment - Technicality - Effect - Irregularity of writing judgment instead of a ruling - Is not a factor justifying setting aside of verdict - Unless a miscarriage of justice was occasioned (H3) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

CRIMINAL PROCEDURE - Judicial precedents - Authorities - Distinction - Tobby v. The State - Present case is different from the case law - Because evidence abound upon which - Accused can be convicted (H2) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

CRIMINAL PROCEDURE - Murder - Accessory after the fact - Proof - Where an accessory is tried alone - There must be proof that murder was committed - By the principal offender (H8) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Murder - Autopsy report - Failure to call maker - It is not imperative to call a maker named under Evidence Act s.42 - Though court has jurisdiction on application of a party - To summon such maker (H3) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Murder - Cause of death - Failure to prove - No evidence was given at trial as to nature of injuries sustained by deceased - Hence cause of the death was not proved (H8) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Murder - Cause of death - Proof - Death can be established by direct or circumstantial evidence - But nothing shows that act of appellant - Caused the death of deceased (H6) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Murder - Cause of death - Proof - Direct evidence - Such evidence as postmortem result - Must connect death of deceased with act of accused (H7) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Murder - Co-accused - Joint liability - The three persons named in evidence - Are deemed to have criminally participated in murder of deceased (H12) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Murder - Documents - Admissibility - Autopsy Report - Since the location of the doctor who issued the report is uncertain - PW3 was competent to tender the report (H1) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Murder - Ingredients - Proof - Prosecution must establish death of deceased - And an intentional act or omission of accused - Which caused the death (H5) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEDURE - Murder - Ingredients - Proof - Prosecution must prove that deceased died - As a result of act of accused - Which was intentional (H9) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Murder - Insanity - Defence - Sustainability - The defence cannot be sustained - Since evidence abound that appellant was aware of her actions (H5) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

CRIMINAL PROCEDURE - Murder - Insanity - Proof - Mere absence of evidence of motive - Is not sufficient ground upon which to infer insanity (H3) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

CRIMINAL PROCEDURE - Murder - Long incarceration - Retrial order - Propriety - Order of fresh trial is not oppressive - As charge is for capital offence (H6) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

CRIMINAL PROCEDURE - Murder - Proof - Autopsy report - Medical report is not a sine qua non to prove death - As death can be established by other sufficient evidence (H10) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - Murder - Proof - Courts rightly held that prosecution - Proved beyond reasonable doubt - The death of deceased by strangulation (H11) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CRIMINAL PROCEDURE - No case submission - Determination - If a no case submission is made - Judge is to consider whether evidence exists for conviction - And whether it is safe to convict on such evidence (H4) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

CRIMINAL PROCEDURE - No case submission - Propriety of - Such submission is upheld when no evidence exist to prove offence - And when prosecution evidence cannot be relied upon - To convict accused (H1) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

CRIMINAL PROCEDURE - Orders of court - Restitution - Instance - Armed Forces Decree s. 174 - Permits invocation of restitution against person - Who has been found guilty of an offence (H9) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

CRIMINAL PROCEDURE - Powers of Attorney-General - Delegation - The private legal practitioners were duly appointed - To act for appellants for prosecution of respondents (H1) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

CRIMINAL PROCEDURE - Prima facie case - CPL ss. 72, 77 & 340 - Challenge - The sections can be challenged - Especially where no prima facie case - Is manifest against an accused (H5) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Proof - Number of witnesses - Prosecution can call any number of witnesses to prove its case - As it is not necessary to call a multitude of witnesses - Where only a few can do (H2) Akalaonu v. State (2002) 6 KLR (pt. 141) 1729

 

CRIMINAL PROCEDURE - Statutes - Presumption of regularity - Decree No. 18 of 1994 - It is presumed that s. 24(2) thereof is complied - Whenever a private legal practitioner appears for NDIC or CBN - To prosecute criminal offences (H1) Comptroller Nigerian Prisons Services v. Adekanye (2) (2002) 7 KLR (pt. 143) 2213; (2002) 15 NWLR (Pt. 790) 332

 

CRIMINAL PROCEDURE - Suspicion - Effect - Suspicion however well placed - Does not amount to prima facie evidence - As prosecution must be wary of being accused of persecution - Rather than prosecution (H10) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

CRIMINAL PROCEDURE - Tainted witnesses - Credibility - Blood relationship of such witnesses with deceased - Does not make the witnesses tainted - Or persons with personal purposes to serve - In respect of offence charged (H1) Akalaonu v. State (2002) 6 KLR (pt. 141) 1729

 

CRIMINAL PROCEDURE - Unlawful assault - Conviction - Correctness of - Accused can be rightly convicted of the offence pursuant to Criminal Code s. 355 - Although he was not specifically charged with same (H10) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

CRIMINAL PROCEEDINGS - Commencement - Constitution - Powers of A.G. Federation - By s. 286(1)(b) 1999 Constitution - A.G. Fed can initiate such proceedings in any State (H5) A-G Ondo State v. A-G Federation (2002) 6 KLR (pt. 140) 1479; (2002) 9 NWLR (Pt. 772) 222

 

CRIMINAL PROCEEDINGS - Commencement - The proceedings start when an accused person is arraigned before court - Or when charge has been filed against him in court (H9) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CRIMINAL PROCEEDINGS - Police - Investigation of crime - And criminal proceedings - Distinction - Criminal proceedings do not include police investigation - Though evidence acquired from the investigation - May be used in criminal proceedings (H8) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

CROSS EXAMINATION - Evidence - Contradictions - Establishment of - Evidence Act ss.199 & 209 - Onus of compliance - Defence needs to comply with the sections - Since it has duty to cross-examine prosecution witness (H4) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

CROSS-EXAMINATION - Murder - Documents - Admissibility - Exhibit E - Propriety - The learned trial judge rightly admitted the exhibit in evidence - Though the doctor that issued it was not cross-examined (H2) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

CUSTOMARY LAW - Arbitration - Customary arbitration - Ingredients - Essential characteristics of the arbitration are inter alia - Voluntary submission of dispute - And agreement by parties that decision therefrom is binding (H6) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

CUSTOMARY LAW - Courts - Area courts - Composition - The courts must not all be made up of panel of judges - As there are sole area court judges in all States - That were parts of former Northern Nigeria (H1) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

CUSTOMARY LAW - Courts - Area courts - Constitution - Presumption of regularity - The court is presumed to be properly constituted - As there was no indication that it was not so constituted (H3) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

CUSTOMARY LAW - Customary courts - Proceedings - The courts are not bound to follow strict and technical rules of evidence (H12) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

CUSTOMARY LAW - Customs - Proof - Such law being an issue of fact - Places onus of proof on a party - Who alleges its existence (H5) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

CUSTOMARY LAW - Land law - Courts - Issue for determination - Relevant issue is participation of the sons in burial of their father - As to entitle them to a share in his estate - And not consideration of Ikwerre’s inheritance custom (H3) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

CUSTOMARY LAW - Proof - Such law and customs must be proved - Except where court has taken judicial notice of them (H4) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

CUSTOMARY LAW - Spokesman - Status - Spokesman is representative of community - And is usually appointed to present their case - Before customary court (H4) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

DAMAGES - Appeals - Assessment of damages - By s.16 Court of Appeal Act & s.22 Supreme Court Act - Appellate Court can substitute its own assessment - Where it decides to interfere (H1) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

DAMAGES - Appeals - Courts - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

DAMAGES - Appeals - Interest - Award - Basis - For cross appellant to be awarded anything above statutory interest - There must be evidence of right to that sum on record (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

DAMAGES - Award - Additional interest - Proof - For cross appellant to be awarded additional interest - It must adduce evidence of right to the interest (H4) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

DAMAGES - Award - Error - Effect - Erroneous assumption of additional award is inconsequential - Since Court of Appeal did not make an award of its own (H5) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

DAMAGES - Courts - Consequential order - Correctness of - Under O.7 r.3 Federal High Court Rules - Trial court rightly gave the order - Since there was no claim for damages (H8) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

DAMAGES - Exaggerated claims - Proof - Where plaintiff claims more than he can prove - He is awarded the lesser amount (H4) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

DAMAGES - General damages - Proof - Since there was no proof of dishonoured cheque - There was no justification for award of N3.5 million general damages (H5) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

DAMAGES - Judgments - Actions - Interlocutory judgment - Correctness of - The judgment is proper - As claims are for unliquidated damages (H1) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Judgments - Correctness of - Since appellant raised issue of quantum of damages - Rather than his liability - Judgments arising therefrom are not perverse (H2) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

DAMAGES - Judgments - Interlocutory judgment - Meaning - Judgment is interlocutory only as to amount - But is final as to the right of plaintiff to recover damages (H10) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Judicial precedents - Actions - Liquidated damages - Claim for - Odume v. Nnachi - Claim does not become one for liquidated damages - Merely because specific amount of money is claimed (H7) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Judicial precedents - Authorities - Distinction - Ogunleye v. Arewa - The case law is inapplicable to present case - As claim herein is for unliquidated damages under High Court Rules of Lagos O. 24 r. 4 (H3) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Land law - Right of action - Where there are conflicting titles - Person in possession can rightly maintain action - For damages for trespass (H6) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

DAMAGES - Land law - Title - How to put in issue - Title can be put in issue expressly by pleading ownership - Or impliedly by claiming damages for trespass and injunction (H1) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

DAMAGES - Land law - Trespass - Claim for Damages - Sustainability - Failure of claim to title will not necessarily lead to - Failure of claim for damages for trespass (H7) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

DAMAGES - Land law - Trespass - Right of action - It is only a person in possession of land - That can maintain an action for damages for trespass (H6) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

DAMAGES - Quantum - Appellate court does not interfere - Save if it is satisfied that trial court has acted on wrong principle of law - And has made an erroneous estimate (H2) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

DAMAGES - Quantum - Computation of - Measure of damages will be determined by difference between contract price - And current market price - Or price when the vehicles ought to have been delivered (H3) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

DAMAGES - Sale of goods - Assessment of damages - Sale of Goods Act s. 51(3) - Application Since trial judge failed to apply the provision - Opportunity was given to Court of Appeal to reassess the damages (H5) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

DAMAGES - Special damages - Proof - Respondents failed to prove its claim - As a result of discrepancies in pleaded figure - And figure attested to in evidence (H3) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

DAMAGES - Torts - Negligence - Duty of care - Relevant issue - If no duty is owed - It is immaterial that a person suffered damage - By reason of another’s negligence (H5) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

DAMAGES - Torts - Negligence - Ingredient - Proof - To succeed plaintiff must prove that defendant owed him a duty of care - Which was breached - And that he suffered damages from the breach (H1) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

DAMAGES - Unliquidated damages - Award of - Basis - Court is not entitled to make the award - Without taking credible evidence from parties (H11) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Unliquidated damages - Claim - High Court Rules of Lagos O. 24 r. 4 - Appellant’s claim provided under the rules - Cannot come within O. 24 r. 11 (H9) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DAMAGES - Unliquidated damages - Meaning - Damages are unliquidated where court has to assess loss - Or where payable amount is fixed by estimate (H8) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

DOCUMENTS - Actions - Cause of action - Nature of - The action is on return of respondent’s documents - Hence there is no need to prove commission of crime (H4) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

DOCUMENTS - Admission - Facts - Witness cannot admit facts not within his knowledge - As admission by a person of fact of which he knows nothing - Is of no evidential value (H8) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

DOCUMENTS - Banking - Tribunals - Interpretation of Documents - The trial tribunal rightly interpreted paragraph 3 of Exhibits C1 C2 D & H - And Court of Appeal rightly confirmed same (H6) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

DOCUMENTS - Carriage of goods by sea - Affreightment - Binding nature - A party cannot impugn existence of such contract - On the ground that document is unsigned - Unless if such is a condition precedent (H7) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

DOCUMENTS - Carriage of goods by sea - Charterparty - Meaning - Charterparty is a document embodying terms of contract of affreighment (H1) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

DOCUMENTS - Charterparty - Bills of lading - Words of incorporation in - Since the words are contained in the bills - The charterparty did not constitute extrinsic evidence of terms - Binding on parties thereto (H11) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

DOCUMENTS - Contracts - Incorporation by reference - Evidence Act s.132 - Application - The section does not apply to contract - That has incorporated terms of another document by reference (H10) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

DOCUMENTS - Contracts - Mistakes - Rectification - Basis - Not every type of mistake can be relied on - As ground for rectification of written document (H1) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

DOCUMENTS - Contracts - Offer - Mode of acceptance - Acceptance may be demonstrated by the conduct of parties - As well as by their words - Or by documents that have passed between them (H2) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

DOCUMENTS - Contracts - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

DOCUMENTS - Courts - Examination of documents - It is not proper for court to examine documents - In such a manner that will amount to fact finding investigation - That leads to discovery of facts - Which could have been proved by evidence (H1) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

DOCUMENTS - Courts - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

DOCUMENTS - Courts - Record of proceedings - Judicial notice - Record of proceedings - Court will take judicial notice of its own proceedings and records - As well as contents therein (H3) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

DOCUMENTS - Evidence - Appeals - Reevaluation - Justification - Appellate court can reassess evidence - Where trial court’s findings are perverse - Or the use made of a document goes beyond its evidential value (H5) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

DOCUMENTS - Evidence - Handwriting - Determination - It is not unusual for courts to form their opinion as to handwriting - By comparing genuine specimen with disputed one (H3) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

DOCUMENTS - Extrinsic evidence rule - Incorporated document - Transaction reduced to writing - Becomes the exclusive record - And no evidence may be given to prove it - Except the document itself (H3) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

DOCUMENTS - Forgery - Proof - Exhibits 9A-C were demonstrated to be false representations - With the intention to defraud on the part of the conspirators (H4) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

DOCUMENTS - Investigation and Evaluation of - Distinction - Whereas investigation of evidence leads to discovery of fresh facts - Evaluation leads merely to findings based on quality of evidence already existing (H2) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

DOCUMENTS - Land law - First registration - Defective title - It is improper to register such title - Because a registered document is indefeasible - Except rectified under very restricted conditions (H4) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

DOCUMENTS - Land law - Titles - First registration - Documents of title - Validity - Where the registrar is not satisfied with the evidence of title - Application for registration shall be dismissed (H3) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

DOCUMENTS - Murder - Admissibility - Autopsy Report - Since the location of the doctor who issued the report is uncertain - PW3 was competent to tender the report (H1) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

DOCUMENTS - Murder - Admissibility - Exhibit E - Propriety - The learned trial judge rightly admitted the exhibit in evidence - Though the doctor that issued it was not cross-examined (H2) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

DOCUMENTS - Murder - Autopsy report - Failure to call maker - It is not imperative to call a maker named under Evidence Act s.42 - Though court has jurisdiction on application of a party - To summon such maker (H3) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

DOCUMENTS - Non contractual document - Rectification - Where document is not contractual - Court may enquire whether party seeking its rectification - Has sufficient interest to invoke jurisdiction of court (H4) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

DOCUMENTS - Official acts - Regularity of - Confirmation of the authorization to convene court martial in writing - Raises presumption of regularity - In absence of evidence to the contrary (H2) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

DOCUMENTS - Pleadings - Delivery of document - Onus of proof - In view of pleadings of both parties - Appellant has duty to adduce convincing evidence - That Exhibit 92 was duly delivered to respondent (H7) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

DOCUMENTS - Power of attorney - Admissibility - Commonwealth regions - Evidence Act s.117 - Since the document is admissible in Hong Kong - It is equally admissible in Nigeria (H1) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

DOCUMENTS - Rectification - Right to apply for - A person who can neither claim rights under a document - Nor be subject to an obligation under it - Cannot seek to rectify same (H3) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

DOCUMENTS - Writ of summons - Amendment - Commencement - Amendment takes effect from date on original document - And action continues as if amendment had been inserted from the beginning (H1) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

ELECTIONS - Conflict of laws - Electoral Act - With the exception of ss. 16, 26 to 41, 43 to 73, 116, 117 and 118(1) to (7) - Ss. 15 to 73 and 110 to 122 are from date of commencement of the Act - Inoperative for being inconsistent with 1999 Constitution (H10) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Constitutional law - Local Government officials - Tenure - The 3 year tenure prescribed by Decree 36 of 1998 is valid - Since by Interpretation Act s. 6(1)(c) - The repeal of the Decree did not affect right accrued thereunder (H2) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Constitutional law - Qualification - NA has no power to make law with respect to qualification or disqualification of candidates for the elections - Without complying with requirements of s. 9 of the Constitution (H9) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Legislation - Date of election - NA has no power except in relation to FCT alone - To make law with respect to the date of election into LG council (H7) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Legislation - Local Government council - Except in relation to FCT alone - NA has no power to make law with respect to conduct of LG elections - Save the power to make laws regarding registration of voters - And procedure regulating the elections (H4) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Legislation - Local Government officials - Tenure - No law enacted by National Assembly can validly increase or alter - Tenure of the elected officials - Except in relation to the FCT alone (H3) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Legislation - Local Government wards - Division - NA has no power except in relation to FCT alone - To make law with respect to division of LGA into words - For election into LG council (H5) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

ELECTIONS - Legislation - Qualification - NA has no power except in relation to FCT alone - To make law with respect to qualification or disqualification of candidates - For LG council election (H6) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

EQUITY - Actions - Charitable trusts - Proper parties - Attorney-General is a necessary party - As suits instituted by parties other than him will be dismissed (H1) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

EQUITY - Contracts - Documents - Rectification - Equity rectifies instruments and not contracts - Hence document which records prior agreement - Cannot be rectified merely because of mistake (H2) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

EQUITY - Estoppel - By conduct - Principle - Where party induces another to believe the existence of a thing - Such party is precluded from averring against the other - An existence of a different state of things (H8) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EQUITY - Limitation law - Concealed fraud - Where such fraud is involved - And no laches is established on the part of person defrauded - No length of time can be a bar to relief (H3) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

ESTOPPEL - Actions - Estoppel by standing by - Application - Person who stands by and sees his battle fought by others - Instead of applying to be joined as defendant - Is bound by the result arising therefrom - And estopped from reopening issues determined therein (H4) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ESTOPPEL - Appeals - Parties - Preliminary objection - Sustainability - Respondent is estopped from contending - That appellant was not a party to the proceedings in Court of Appeal - Having made appellant a party thereto (H1) Nigerian Air Force v. Shekete (2002) 7 KLR (pt. 144) 2349

 

ESTOPPEL - By conduct - Principle - Where party induces another to believe the existence of a thing - Such party is precluded from averring against the other - An existence of a different state of things (H8) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

ESTOPPEL - Judgments - Delivery - Against nonparty - Fate - Judgment obtained against a nonparty to proceedings - And is also not caught by estoppel by standing by - Smacks of injustice and ought not to be allowed (H8) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

ESTOPPEL - Orders of court - Binding nature of - Respondent is estopped from further challenging the orders - Since he had complied with a part of it (H2) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

ESTOPPEL - Res judicata - Applicability - Where a question is determined to finality - Even if such did not determine rights and liabilities in a suit - Doctrine of estoppel will still be applicable (H5) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

ESTOPPEL - Res judicata - Issue estoppel - Applicability - Since issue of jurisdiction has been finally determined - Appellant was rightly estopped from raising the same issue (H6) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

ESTOPPEL - Res judicata - Plea - Condition precedent - Party relying on the plea must prove sameness of parties and subject matter - And a valid final decision - Delivered by court of competent jurisdiction (H8) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

ESTOPPEL - Res judicata - Principle - Ojo v. Abadie - Once it is clear that the same question is substantially in issue in two suits - Estoppel subsists between parties (H4) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

ESTOPPEL - Res judicata - Proof - Onus of - Party who sets up the defence - Has the onus to establish - Conditions necessary to sustain the plea (H9) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Accidents - Proof - Since no evidence was adduced to show that respondent was negligent in fuel explosion - The accident was rightly held to be inevitable (H6) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

EVIDENCE - Actions - Allegation of - Standard of proof - By s. 138(1) Evidence Act - Where commission of crime by a party is in issue - Such must be proved beyond reasonable doubt (H5) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

EVIDENCE - Actions - Allegation of crime - Lack of evidence - Effect - In absence of evidence in regard to the alleged crime - Application for order of mandamus ceased to have any purpose - And court will have no business to discuss same (H11) Fawehinmi v. IGP (2002) 5 KLR (pt. 138) 1123; (2002) 7 NWLR (Pt. 767) 606

 

EVIDENCE - Actions - Cause of action - Nature of - The action is on return of respondent’s documents - Hence there is no need to prove commission of crime (H4) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

EVIDENCE - Actions - Claim - Failure to prove - Effect - Since 6th defendant failed to prove his entitlement to claim (b) - The same shall be struck out for vagueness (H19) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

EVIDENCE - Actions - Claim - Proof - Since claim for injunction is not founded on declaration sought - And with no facts in support - The claim must be refused (H3) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

EVIDENCE - Actions - Counterclaim - Evidence - Failure to adduce - Effect - Since 8th defendant did not aver - That his request for account was refused by plaintiff - The claim shall be dismissed (H21) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

EVIDENCE - Actions - Cross action - Proof - Burden of - Defendants who were plaintiffs in the cross action - Had equal burden as plaintiffs in main action - To prove their case (H5) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

EVIDENCE - Actions - Limitation period - Denial of - Odubeko v. Fowler - Where plaintiff denies the limitation period - Defendant must prove his averment by evidence (H12) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

EVIDENCE - Actions - Number of witness - All parties to an action must not give evidence - As parties are free to pick witnesses - They think can give cogent evidence in proof of their case (H3) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

EVIDENCE - Actions - Proof - Onus of - Onus is always on plaintiff to prove his case - To the satisfaction of trial court (H1) Layinka v. Makinde (2002) 5 KLR (pt. 139) 1297; (2002) 10 NWLR (Pt. 775) 358

 

EVIDENCE - Actions - Proof - Standard of - As crime was not directly in issue - Standard of proof required is on balance of probability - Or preponderance of evidence (H6) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

EVIDENCE - Actions - Representative action - Authorization - Proof - There must be evidence of authority to sue or defend - Given by persons being represented in the suit (H7) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

EVIDENCE - Actions - Torts - Detinue - Proof - To succeed in an action for detinue - Plaintiff must establish wrongful detention of his chattel by defendant (H4) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

EVIDENCE - Admiralty - Misdirection in evidence - Effect - Misdirection in regard to date when the vessel arrived - When the material issue is date when same was discharged - Is inconsequential (H2) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

EVIDENCE - Admiralty - Ship agent - Liability of - Proof - To have a cause of action against the agent - The act or default complained of must be in respect of anything done in Nigeria by the ship - And same must be alleged and proved (H4) M.V Caroline Maersk v. Nokoy Invest. Ltd (2002) 6 KLR (pt. 141) 1767; (2002) 12 NWLR (Pt. 782) 472

 

EVIDENCE - Admissibility - Part of plaintiff’s evidence would have been admissible - If a reply was filed setting out its knowledge of the joint ownership of the property - And that it took precaution to secure consent of co heirs (H2) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

EVIDENCE - Admission - Statement of defence - Reply - Failure to file - Failure to rebut averment in statement of defence - Which does not contain counterclaim - Is not tantamount to an admission (H1) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

EVIDENCE - Adoption - Proof - 1st respondent has the burden to prove that - The adopted children belong to her deceased husband (H2) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

EVIDENCE - Affidavits - Averments - Not controverted - Since plaintiff failed to deny averments in the penultimate paragraphs - The paragraphs are deemed admitted (H4) Lawson-Jack v. SPDC Nig. Ltd. (2002) 7 KLR (pt. 144) 2333; (2002) 13 NWLR (Pt. 783) 180

 

EVIDENCE - Affidavits - Depositions - Source - Need to disclose - Deponents must state source of their information - As court will not act upon such evidence - Save where corroborated by witness from personal knowledge (H12) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

EVIDENCE - Alibi - Particulars of - Proof - Accused must disclose the particulars at the earliest time - So as to put the burden on police - To deal with them with some finality (H2) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

EVIDENCE - Alibi - Proof - Burden of - It is not for accused to prove the defence - Prosecution must disprove same - As part of its duty to prove the offence - Beyond reasonable doubt (H8) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Alibi - Proof - Prosecution evidence - Effect - Where prosecution leads unassailable evidence - Which shows that accused was at crime scene - The defence collapses (H11) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Appeals - Concurrent finding of facts - Supreme Court does not interfere with such findings - In so far as same were based on evidence - Placed properly before courts (H4) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

EVIDENCE - Appeals - Concurrent findings - No special circumstance exists to interfere with findings made by the HC & CA - Based on facts adduced in evidence (H2) Nwaeze v. Onuorah (2002) 7 KLR (pt. 146) 2533

 

EVIDENCE - Appeals - Concurrent findings - Supreme Court will not interfere - Since lower courts rightly made findings - On traditional evidence of parties (H7) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Appeals - Courts - Reliefs claimed - Failure to establish - Effect - Appellant is not entitled to relief awarded it by trial court - Since its claim was not established - Hence Court of Appeal was right to set aside damages awarded by trial court (H12) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

EVIDENCE - Appeals - Cross appeal - Need for - Respondent ought to file cross appeal - To specifically challenge the admission of Exhibits C-C2 (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

EVIDENCE - Appeals - Damages - Interest - Award - Basis - For cross appellant to be awarded anything above statutory interest - There must be evidence of right to that sum on record (H3) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

EVIDENCE - Appeals - Evaluation of evidence - Court of Appeal decision - Correctness of - The court was right to hold that trial judge - Did not properly evaluate evidence (H2) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

EVIDENCE - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where findings are perverse - And are not supported by credible evidence (H8) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

EVIDENCE - Appeals - Findings of trial court - Interference - Justification - Appellate court may interfere with such findings - Where it is satisfied that trial judge - Failed to evaluate evidence (H3) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

EVIDENCE - Appeals - Findings of trial court - Interference - Justification - Appellate court will interfere - Where trial court failed to resolve conflicts in parties’ evidence (H2) Nziwu v. Onuorah (2002) 2 KLR (pt. 134) 331; (2002) 4 NWLR (Pt. 756) 22

 

EVIDENCE - Appeals - Grounds - Nature - How determined - Ground is of law where it reveals misunderstanding of law - And is of mixed law and fact - Where it questions resolution of conflicting evidence (H2) Thor Ltd v. First City Merchant Bank Ltd (2002) 2 KLR (pt. 134) 447; (2002) 4 NWLR (Pt. 757) 427

 

EVIDENCE - Appeals - Grounds of law - Leave - Question of contravention of Evidence Act s.34(1) - Raises substantial point of law - Upon which leave ought to be given (H12) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Appeals - Grounds of law - When material evidence was admitted - In contravention of statutory provisions - Then a substantial issue of law is raised (H11) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Appeals - Issues - Determination - Court of Appeal ought to decide - Whether fresh ground sought to be raised - Was on substantial point of law - And whether no further evidence would be adduced in support (H9) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Appeals - Judgment - Reversal - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

EVIDENCE - Appeals - Land law - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs’ traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

EVIDENCE - Appeals - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

EVIDENCE - Appeals - Reevaluation - Justification - Appellate court can reassess evidence - Where trial court’s findings are perverse - Or the use made of a document goes beyond its evidential value (H5) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

EVIDENCE - Appeals - Supreme Court - Issues - Resolution - Supreme Court can resolve an issue not based on credibility of witnesses - But on inference to be drawn from proved facts (H7) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

EVIDENCE - Armed robbery - Identification of robbers - Appellant’s argument - Purpose - Contention that PW4 could not identify the robbers - Was made to assist court on what to believe (H2) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

EVIDENCE - Bail - Grant - Conditions - Allegation of ill health - Sustainability - Mere allegation of bad health will not be sufficient - As discretion is exercised based on facts of each case (H3) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

EVIDENCE - Banking - Tribunal - Evidence - Preference for - Propriety - In the presence of principal characters - The tribunal needed not to have bothered with Exhibits C1 C2 D & H (H4) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

EVIDENCE - Burden of proof - By Evidence Act s.141(1) - Since respondent introduced the issue of approval of funds - Onus is on him to satisfactorily prove same (H6) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

EVIDENCE - Charge - Other offence - By Special Tribunal Act s. 10(5) - Person charged for an offence under the Act - Can be convicted for any other offence disclosed by evidence at trial (H3) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

EVIDENCE - Charterparty - Bills of lading - Words of incorporation in - Since the words are contained in the bills - The charterparty did not constitute extrinsic evidence of terms - Binding on parties thereto (H11) Awolaja v. Seatrade Groningen B.V. (2002) 2 KLR (pt. 133) 187; (2002) 4 NWLR (Pt. 758) 520

 

EVIDENCE - Company law - Legal personality - Proof - Addition of LTD or PLC to company’s name - Would not necessarily denote a legal person (H2) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

EVIDENCE - Company law - Legal personality - Proof - Certificate of incorporation ought to have been produced by respondent - As that was the only way to prove its legal personality (H3) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

EVIDENCE - Company law - Legal personality - Proof - Means - Except where admitted by opposing party - Company claiming legal personality must prove same - By tendering its certificate of incorporation (H3) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

EVIDENCE - Confession - Exhibits C&D were rightly made in English language - Since appellant proffered no evidence to controvert same (H1) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

EVIDENCE - Confession - Meaning - Confession is admission by a person charged with crime - Suggesting the inference that he committed the crime (H5) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Confessions - Voluntariness - Positive confession of guilt is sufficient to warrant a conviction - Without corroborative evidence - Though court should first of all test the truth thereof (H13) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Confessions - Weight - Trial court is to consider circumstances under which confession was made - And decide what weight to be attached to same (H7) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Conspiracy - Establishment of - It is inferred from circumstantial evidence - And from common intention of accused persons - Even though armed robbery did not materialize (H2) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Constitution - Revenue Allocation - Derivation principle - Proof - Since 6th defendant failed to prove his entitlement to natural gas revenue on 13% basis - His claim will be dismissed (H20) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

EVIDENCE - Contracts - Bailment - Loss of goods - Burden of proof - In case of loss of goods - It is the bailees’ duty to prove that the loss was not caused by his breach of duty - It is not the bailors’ duty to show that it did (H3) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

EVIDENCE - Contradiction - Effect - Since there is no contradiction in evidence adduced - Trial court rightly held that plaintiff’s case was proved (H2) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

EVIDENCE - Contradiction in - Effect - Contradiction in evidence of prosecution must be substantial - For same to be fatal to its case (H6) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

EVIDENCE - Contradictions - Effect - Contradictions are deemed irrelevant - Where they do not affect the substance of issue for determination (H1) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

EVIDENCE - Contradictions - Establishment of - Evidence Act ss.199 & 209 - Onus of compliance - Defence needs to comply with the sections - Since it has duty to cross-examine prosecution witness (H4) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Conveyance - Unpleaded evidence - Weight - Evidence of PW3 & 4 that consent of co heirs was obtained prior to the sale is inadmissible - Since it was not pleaded by plaintiff (H6) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

EVIDENCE - Conviction - Confession - Accused will not be convicted upon inadmissible statement - Unless prosecution shows that same was voluntarily obtained (H2) Kareem v. FRN (2002) 7 KLR (pt. 146) 2763; (2002) 8 NWLR (Pt. 770) 664

 

EVIDENCE - Court processes - Originating summons - Absence of affidavit - Effect - Without verification by affidavit evidence of facts alleged - The summons is incompetent and liable to be struck out (H1) Keyamo v. House of Assembly Lagos State (2002) 9-10 KLR (pt. 147) 3015; (2002) 18 NWLR (Pt. 799) 605

 

EVIDENCE - Court processes - Service - Proof - Appellant who did not pay for service - Has onus to establish that he duly served respondent with the process (H6) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

EVIDENCE - Court processes - Service - Proof - Where service is in dispute - Bailiff can swear to an affidavit of service - Although a certificate of service is not an exclusive means of proof (H2) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

EVIDENCE - Courts - Adjudication - Where inquiry is commenced before one adjudicator - But completed by another - The latter cannot decide upon evidence given before the former (H7) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Courts - Admission - Court is not bound to stick to admitted piece of evidence - If it later discovers that such evidence is not legal - As it must expunge same - And decide on legally admissible evidence (H3) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Courts - Admission - Court is not permitted to admit and act on inadmissible evidence - But if such evidence was admitted by overruling an objection - The same must be rejected at final judgment (H4) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Courts - Area courts - Constitution - Presumption of regularity - The court is presumed to be properly constituted - As there was no indication that it was not so constituted (H3) Maskala v. Silli (2002) 6 KLR (pt. 142) 1845; (2002) 13 NWLR (Pt. 784) 376

 

EVIDENCE - Courts - Declaration of right - Basis for grant - Court does not make declarations on admissions or in default of defence - Without hearing evidence and being satisfied with same (H11) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Courts - Documents - Investigation - It is not proper for court to examine documents - In such a manner that will amount to fact finding investigation - That leads to discovery of facts - Which could have been proved by evidence (H1) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Courts - Evaluation of evidence - Correctness of - Trial court rightly evaluated evidence - As plaintiffs are entitled to take advantage of evidence for defendants - That support their case (H4) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

EVIDENCE - Courts - Fair hearing - Allegation of breach - Sustainability - Mistake of trial judge in wrong usage of evidence - Did not contravene principles of fair hearing - And will not vitiate the trial proceedings (H4) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

EVIDENCE - Courts - Issues - Determination - Basis - Court determines issue on legally admissible evidence - As it has no discretion to act on evidence made inadmissible - By statutory provision (H1) Eghobamien v. Federal Mortgage Bank of Nigeria (2002) 7 KLR (pt. 143) 2229; (2002) 17 NWLR (Pt. 797) 488

 

EVIDENCE - Courts - Issues - Determination - Basis - In resolution of issues raised in a case - Court must take into account - Relevant evidence placed before it - And also relevant provisions of Evidence Act (H2) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

EVIDENCE - Courts - Issues - Determination - Statutory interpretation and jurisdiction - Court can consider the issues based on pleadings - Without calling for further evidence - Except when inevitable (H5) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

EVIDENCE - Courts - Jurisdiction - Proof - Burden of - Since respondent asserted that Awka High Court was proper venue for the suit - Burden is on him to prove same (H2) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

EVIDENCE - Courts - Land law - Finding of trial judge - Correctness of - Trial judge was right in his finding - That Evidence Act s. 46 operated more in favour of respondents than appellants (H5) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Courts - Native courts - Need to do justice - The courts are to do justice in terms of issue in controversy - As disclosed by writ and evidence - And not to consider technicalities (H4) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

EVIDENCE - Courts - Pleadings - Findings of trial court - Correctness of - Whatever lack of particularity in pleadings - In respect of lack of good faith has been remedied by evidence - Hence Court of Appeal should have upheld the findings of trial court (H9) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Courts - Processes - Affidavit of service - Proof - Affidavit of service is non-contentious document - Which is not required to be proved before court (H4) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

EVIDENCE - Courts - Record of proceedings - Judicial notice - Record of proceedings - Court will take judicial notice of its own proceedings and records - As well as contents therein (H3) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

EVIDENCE - Crime - Proof - From findings of the court martial - Appellant clearly proved that N10m was stolen by accused - Inclusive of respondent who aided and abetted the forgery (H5) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

EVIDENCE - Criminal procedure - Insanity - Defence - Sustainability - The defence cannot be sustained - Since evidence abound that appellant was aware of her actions (H5) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

EVIDENCE - Criminal procedure - Insanity - Proof - Onus of - Where accused pleads insanity - Onus is on him to produce evidence of same (H2) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

EVIDENCE - Criminal procedure - Proof - Number of witnesses - Prosecution can call any number of witnesses to prove its case - As it is not necessary to call a multitude of witnesses - Where only a few can do (H2) Akalaonu v. State (2002) 6 KLR (pt. 141) 1729

 

EVIDENCE - Custom - Proof - Such law being an issue of fact - Places onus of proof on a party - Who alleges its existence (H5) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EVIDENCE - Customary courts - Proceedings - The courts are not bound to follow strict and technical rules of evidence (H12) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

EVIDENCE - Damages - Award - Additional interest - Proof - For cross appellant to be awarded additional interest - It must adduce evidence of right to the interest (H4) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

EVIDENCE - Damages - Exaggerated claims - Proof - Where plaintiff claims more than he can prove - He is awarded the lesser amount (H4) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

EVIDENCE - Damages - Special damages - Proof - Respondents failed to prove its claim - As a result of discrepancies in pleaded figure - And figure attested to in evidence (H3) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

EVIDENCE - Damages - Unliquidated damages - Award of - Basis - Court is not entitled to make the award - Without taking credible evidence from parties (H11) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

EVIDENCE - Documents - Official acts - Regularity of - Confirmation of the authorization to convene court martial in writing - Raises presumption of regularity - In absence of evidence to the contrary (H2) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

EVIDENCE - Evaluation - Court evaluating evidence given at trial - Acts within its responsibilities if it attaches no weight - To bare assertions of a party (H5) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

EVIDENCE - Evaluation - Trial court evaluates and ascribes probative value to evidence - And appellate court does not ordinarily interfere (H1) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

EVIDENCE - Evaluation - Where trial court has properly evaluated and ascribed probative value to evidence - Appellate court will not interfere (H6) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

EVIDENCE - Evaluation - Where trial court made proper evaluation - Appellate court is not entitled to interfere - Particularly when evaluation was based on credibility of witness (H3) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

EVIDENCE - Extrinsic evidence rule - Incorporated document - Transaction reduced to writing - Becomes the exclusive record - And no evidence may be given to prove it - Except the document itself (H3) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

EVIDENCE - Facts - Proof - Since appellant was the one who asserted the existence of the facts - He must also prove same (H9) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

EVIDENCE - Fair hearing - Breach - Allegation of - Proof - For the allegation to succeed - Defendants must prove real likelihood of bias (H11) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Fair hearing - Breach - Allegation of - The complaint is unmeritorious - As Court of Appeal properly considered arguments of parties - And evidence before its conclusion (H8) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Family land - Failure to prove partition by plaintiff - Will not be fatal - As other branches of the family - Are not contesting his claim (H1) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Findings of trial court - Substituted with Doctrine of recent possession - Correctness of - Since there is direct evidence before trial court - Court of Appeal wrongly introduced the doctrine (H4) Isibor v. State (2002) 2 KLR (pt. 133) 269; (2002) 4 NWLR (Pt. 758) 741

 

EVIDENCE - Forgery - Proof - Exhibits 9A-C were demonstrated to be false representations - With the intention to defraud on the part of the conspirators (H4) Nigerian Air Force v. James (2002) 12 KLR (pt. 149) 3287; (2002) 18 NWLR (Pt. 798) 295

 

EVIDENCE - General damages - Proof - Since there was no proof of dishonoured cheque - There was no justification for award of N3.5 million general damages (H5) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

EVIDENCE - Handwriting - Determination - It is not unusual for courts to form their opinion as to handwriting - By comparing genuine specimen with disputed one (H3) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

EVIDENCE - Identification - Correctness of - Trial Judge rightly relied on the evidence of PW 3 - As he had foreknowledge of the accused - And did properly identified them (H4) Akpan v. State (2002) 7 KLR (pt. 139) 1281; (2002) 12 NWLR (Pt. 780) 189

 

EVIDENCE - Identification parade - Relevance of - It is necessary to test witness’s power of recognition - And when there is doubt as to who was seen in connection with an offence (H5) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Identification parade - When irrelevant - It becomes unnecessary where witness claims to have seen a definite person - In which case the credibility of such witness is put to test (H6) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

EVIDENCE - Informal admissions - Admissibility - Confession made by a person even to himself - If overheard by someone else - May be received in evidence (H8) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Injunctions - Perpetual injunction - Grant of - Propriety - No basis exists for the order made against Oraukwu people - Since no evidence or averment in pleadings exist that they are parties to the suits - Or that they are servants of defendants (H2) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

EVIDENCE - Insanity - Ingredients - Proof - Accused must be suffering from mental disease - That rendered him incapable of understanding his acts or omissions (H4) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

EVIDENCE - Insanity - Proof - Mere absence of evidence of motive - Is not sufficient ground upon which to infer insanity (H3) Ani v. State (2002) 5 KLR (pt. 138) 1131; (2002) 10 NWLR (Pt. 776) 644

 

EVIDENCE - Investigation and Evaluation of - Distinction - Whereas investigation of evidence leads to discovery of fresh facts - Evaluation leads merely to findings based on quality of evidence already existing (H2) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Judgments - Appeals - Misdirection - Effect - Since trial judge thoroughly evaluated evidence - Any misdirection by Court of Appeal - Will not affect judgment of trial court (H6) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Judgments - Concurrent decisions - Decisions of lower court arrived at after fair hearing on evidence - Should not to be disturbed - Except if proved to be wrong (H7) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

EVIDENCE - Judgments - Delivery - Time limit - Where an application is made at conclusion of evidence and addresses - Three months period starts from date court adjourns for judgment (H2) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

EVIDENCE - Judgments - Perverse decision - Meaning - Decision is perverse when it runs counter to evidence - Where court considered extraneous matters - Or when miscarriage of justice was occasioned (H5) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

EVIDENCE - Judgments - Writing of - Basis - Judgment is written based on evidence received - And it is wrong for a judge to write judgment - On evidence Recorded by another judge (H2) Eghobamien v. Federal Mortgage Bank of Nigeria (2002) 7 KLR (pt. 143) 2229; (2002) 17 NWLR (Pt. 797) 488

 

EVIDENCE - Judicial precedents - Authorities - Distinction - Tobby v. The State - Present case is different from the case law - Because evidence abound upon which - Accused can be convicted (H2) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

EVIDENCE - Judicial precedents - Declaration of right - Basis - Wallersteiner v. Moir - Court makes such declaration upon satisfactory evidence - That plaintiff is entitled to such right (H4) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

EVIDENCE - Jurisdiction - Determination - Basis - Jurisdiction of Awka High Court over the suit - Shall be determined from oral or affidavit evidence available (H1) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

EVIDENCE - Jurisdiction - Issue - Objection to - Jurisdiction can be taken on the basis of statement of claim - Evidence received - Or by motion supported by affidavit - Giving facts upon which reliance is placed (H4) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

EVIDENCE - Jurisdiction - Proof - Unless respondent clearly shows that he resided within jurisdiction of Awka High Court - The case cannot be heard by the court (H4) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

EVIDENCE - Land law - Acquisition - Proof - Appellant has burden to prove that he acquired land on Kaduna Street - And that the land in dispute is that land (H2) Onwuchekwa v. Ezeogu (2002) 9-10 KLR (pt. 147) 2939; (2002) 18 NWLR (Pt. 799) 333

 

EVIDENCE - Land law - Adverse possession - Proof - Onus is on claimant -To prove that title holder has been dispossessed - And not merely that claimant has been in possession for the requisite number of years (H8) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

EVIDENCE - Land law - Adverse possession - What amounts to dispossession - There must be an abandonment of the actual or legal possession - And not mere non usage of the land (H7) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Appeal - Retrial - Correctness of - As identity of the land was clearly proved - And judging from among other findings of CA not yet appealed against - Order for a trial de novo should be proper (H2) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

EVIDENCE - Land law - Appeals - Judgment - Validity of - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

EVIDENCE - Land law - Established title - Evidence of possession - Title holder does not need to adduce evidence of physical acts of possession - To show that he is in possession of his land (H11) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Identity of land - Onus of proof - Since appellant alleged that identity of the disputed land is not the same - He has duty to lead evidence - For superimposition of survey plan (H6) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

EVIDENCE - Land law - Identity of land - Proof - Appellant clearly described the disputed land in exhibit B - Hence Court of Appeal wrongly held that same was not proved (H1) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

EVIDENCE - Land law - Identity of land - Proof - Where boundaries of land is in dispute - Plaintiff who relies on a plan must show that same - Corresponds with the area in dispute (H5) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

EVIDENCE - Land law - Identity of land - Survey plan - Proof - Plaintiff has onus to show that his plan corresponds with the land - To which he lays claim (H3) Onwuchekwa v. Ezeogu (2002) 9-10 KLR (pt. 147) 2939; (2002) 18 NWLR (Pt. 799) 333

 

EVIDENCE - Land law - Legal estate in fee - Obtained by adverse possession - Proof - Such possessor must prove that he has extinguished right of every other person - Challenging his absolute ownership in fee (H9) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Locus in quo - Visit to - Purpose - The visit is made to clear doubts about conflicting evidence of parties - As to state of facts relating to property in issue (H6) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

EVIDENCE - Land law - Locus in quo - Visit to - When irrelevant - Such visit is not necessary - Where identity of land is known to court and parties - And where court’s judgment is not based on impressions from the visit (H5) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

EVIDENCE - Land law - Possession - Proof - Apart from physical acts of possession - Demarcation of land with survey beacons or pegs - Is enough act of possession (H10) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Registration - Evidence registrar can act on - Such evidence must be incontrovertible - As registrar cannot listen to contending evidence (H13) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Root of - Failure to prove - Effect - Since plaintiff failed to establish how the land devolved on him - His claims ought to fail (H2) Olokotintin v. Sarumi (2002) 7 KLR (pt. 145) 2417; (2002) 13 NWLR (Pt. 784) 307

 

EVIDENCE - Land law - Root of title - Failure to plead - Effect - Since plaintiff failed to lead evidence of his root of title - Judgment dismissing his claim is proper (H4) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

EVIDENCE - Land law - Root of title - Proof - Party that relies on traditional history - Must plead founder and how land was founded - As well as particulars of intervening owners - Through whom he claims (H3) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Land law - Title - Acts of long possession - Proof - Party relying on such acts as evidence of title - Must show that the same was extensive - And positively numerous to warrant - Inference of exclusive ownership (H4) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Land law - Title - Conflicting claims - Proof - Onus lies on both sides to prove to court - That they are exclusive owners of the land - And this must be decided on balance of probabilities (H3) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

EVIDENCE - Land law - Title - Conflicting evidence - Resolution - Since there were competing versions of traditional evidence - The principle in Kojo v. Bonsie is applicable (H3) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

EVIDENCE - Land law - Title - Counter claim - Failure to file defence - Effect - Such failure is irrelevant because court does not make declaration of rights - Without hearing evidence and being satisfied of same (H8) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

EVIDENCE - Land law - Title - Evidence of possession - Is one of the ways of asserting title - And is independent of claim on traditional history (H2) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

EVIDENCE - Land law - Title - Identity of land - Proof - Since respondent defined with certainty the extent of the disputed land - He was rightly adjudged to be the owner (H1) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

EVIDENCE - Land law - Title - Proof - Burden on defendant - Since defendants claimed joint ownership of the land with plaintiffs - The burden of proving same has shifted to defendants (H5) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

EVIDENCE - Land law - Title - Proof - Claimant can establish his title solely on traditional evidence - Which is among five ways of proving ownership of land (H2) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

EVIDENCE - Land law - Title - Proof - Idundun v. Okumagba - Ownership of land can be proved - By traditional evidence - Document of title - Positive acts of ownership - Acts of long possession - Prove of ownership of adjacent land (H2) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

EVIDENCE - Land law - Title - Proof - Onus is on plaintiff to prove his title - By relying on strength of his case - And not on weakness of defence - Save where his case is supported by defence (H1) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Land law - Title - Proof - Plaintiff must satisfy court on strength of evidence he adduced - And not on weakness of defence - Save where his case is supported by defence (H3) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

EVIDENCE - Land law - Title - Proof - Plaintiff must satisfy court that he is entitled to the declaration he seeks - Based on evidence brought by him (H4) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

EVIDENCE - Land law - Title - Proof - Plaintiff must succeed on strength of his case - And not on weakness of defence - Except where defendant’s case supports that of plaintiff (H1) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EVIDENCE - Land law - Title - Proof - Plaintiff must succeed on strength of his case - And not on weakness of defence - Otherwise the case is liable to be dismissed (H4) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

EVIDENCE - Land law - Title - Proof - Plaintiff seeking declaration of title to land - Must by cogent and credible evidence - Show that he is entitled to same - And not relying on the weakness of defendants’ case (H1) Olokotintin v. Sarumi (2002) 7 KLR (pt. 145) 2417; (2002) 13 NWLR (Pt. 784) 307

 

EVIDENCE - Land law - Title - Proof - Respondent being able to show extent and location of the disputed land - Proved that he has better title to the land (H7) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

EVIDENCE - Land law - Title - Proof - Since plaintiff failed to lead evidence of inheritance of the disputed land - In prove of its root of title - Its claim must fail (H1) Regd. Trustees of Diocese of Aba v. Nkume (2002) 1 KLR (pt. 132) 125; (2002) 1 NWLR (Pt. 749) 726

 

EVIDENCE - Land law - Title - Proof - Traditional history - Relevance of - Where evidence of such history is not contradicted and is found to be cogent by court - The same can support a claim for declaration of title (H2) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

EVIDENCE - Land law - Title - Root of - Proof - Appellant must plead how the land devolved on his father and subsequently to him - To the exclusion of others (H3) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

EVIDENCE - Land law - Title - Smaller land - Proof - Where plaintiff in a claim for title to land - Succeeds in proving boundaries and title to a smaller parcel of such land - He would be given title over the smaller land (H10) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Land law - Titles - First registration - Documents of title - Validity - Where the registrar is not satisfied with the evidence of title - Application for registration shall be dismissed (H3) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Land law - Visit to locus - Purpose - The visit is conducted to bring to the fore - Evidence of both parties without bias - And it gives parties opportunity to show court important boundaries (H5) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

EVIDENCE - Maritime law - Seashore - Ownership of - Proof - Affidavit evidence of littoral States - Is insufficient to prove their ownership of the sea (H7) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

EVIDENCE - Mortgages - Right to sell - Lack of good faith - Proof - Where action is to set aside sale of mortgaged property - By reason of lack of good faith of receiver - Collusion with purchaser must be established (H7) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Murder - Accessory after the fact - Proof - Where an accessory is tried alone - There must be proof that murder was committed - By the principal offender (H8) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

EVIDENCE - Murder - Autopsy report - Failure to call maker - It is not imperative to call a maker named under Evidence Act s.42 - Though court has jurisdiction on application of a party - To summon such maker (H3) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Cause of death - Failure to prove - No evidence was given at trial as to nature of injuries sustained by deceased - Hence cause of the death was not proved (H8) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

EVIDENCE - Murder - Cause of death - Proof - Death can be established by direct or circumstantial evidence - But nothing shows that act of appellant - Caused the death of deceased (H6) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

EVIDENCE - Murder - Cause of death - Proof - Direct evidence - Such evidence as postmortem result - Must connect death of deceased with act of accused (H7) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

EVIDENCE - Murder - Co-accused - Joint liability - The three persons named in evidence - Are deemed to have criminally participated in murder of deceased (H12) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Conspiracy - Proof - There was no evidence of surrounding circumstances - From which appellants can irresistibly be linked - With conspiracy to murder the deceased (H5) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

EVIDENCE - Murder - Documents - Admissibility - Autopsy Report - Since the location of the doctor who issued the report is uncertain - PW3 was competent to tender the report (H1) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Documents - Admissibility - Exhibit E - Propriety - The learned trial judge rightly admitted the exhibit in evidence - Though the doctor that issued it was not cross-examined (H2) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Ingredients - Proof - Prosecution must establish death of deceased - And an intentional act or omission of accused - Which caused the death (H5) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

EVIDENCE - Murder - Ingredients - Proof - Prosecution must prove that deceased died - As a result of act of accused - Which was intentional (H9) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Proof - Autopsy report - Medical report is not a sine qua non to prove death - As death can be established by other sufficient evidence (H10) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Murder - Proof - Courts rightly held that prosecution - Proved beyond reasonable doubt - The death of deceased by strangulation (H11) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

EVIDENCE - Native law - Proof - Such law and customs must be proved - Except where court has taken judicial notice of them (H4) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EVIDENCE - No case submission - Determination - If a no case submission is made - Judge is to consider whether evidence exists for conviction - And whether it is safe to convict on such evidence (H4) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

EVIDENCE - No case submission - Propriety of - Such submission is upheld when no evidence exist to prove offence - And when prosecution evidence cannot be relied upon - To convict accused (H1) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

EVIDENCE - Orders of court - Appeals - Retrial - Principles - To order retrial - There must be inter alia an error in law or irregularity in procedure - And that evidence discloses substantial case against appellant (H3) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

EVIDENCE - Orders of court - Competence of - Since there was no proof of adoption of the children by deceased - Trial court’s order including them as beneficiaries must be set aside (H3) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

EVIDENCE - Parties - Actions - Proof - Party can rely on relevant authorities to prove his case - And needs not wait to know how case of adverse party is proved (H11) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

EVIDENCE - Pleadings - Actions - Dismissal - Contradictory evidence - Plaintiff’s claim should have been dismissed - On the ground that his evidence was at variance - With averments in the amended statement of claim (H4) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

EVIDENCE - Pleadings - Adducing of evidence - Failure of plaintiff to adduce affidavit evidence - Is not fatal to his case - As court is being called upon - To determine matter of law (H3) A-G Federation v. A-G Abia State (2002) 4 KLR (pt. 136) 677; (2002) 6 NWLR (Pt. 764) 542

 

EVIDENCE - Pleadings - Admitted facts - Proof - Facts pleaded by one party and admitted by another - Will need no further proof (H2) Asafa Foods Factory Ltd v. Alraine Nig. Ltd. (2002) 5 KLR (pt. 138) 1147; (2002) 12 NWLR (Pt. 781) 353

 

EVIDENCE - Pleadings - Admitted facts - When parties have agreed about a particular matter - Such matter need not be proved - And court should accept same as established without proof (H1) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

EVIDENCE - Pleadings - Binding nature of - Appellant is bound by his pleadings - And evidence which goes outside his pleadings is inadmissible (H1) Onwuchekwa v. Ezeogu (2002) 9-10 KLR (pt. 147) 2939; (2002) 18 NWLR (Pt. 799) 333

 

EVIDENCE - Pleadings - Binding nature of - Effect - Parties are bound by their pleadings - And evidence which is at variance with pleadings - Goes to no issue - And should be disregarded by court (H3) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EVIDENCE - Pleadings - Binding nature of - Effect - Parties are bound by their pleadings - And evidence which is at variance with averments - Goes to no issue and should be disregarded by court (H1) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

EVIDENCE - Pleadings - Binding nature of - Parties are bound by their pleadings - And evidence which is at variance with averments in pleadings - Must be disregarded by court (H1) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

EVIDENCE - Pleadings - Binding nature of - Plaintiff is bound by his plea of the actual date of damage - Hence there is no need for further proof thereof (H13) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

EVIDENCE - Pleadings - Binding nature of - Where trial is conducted on pleadings - Matters alleged must be proved by evidence - Which must not derogate from the pleadings (H3) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

EVIDENCE - Pleadings - Contradictions in - Effect - Where evidence of party is at variance with his pleadings - His claim will fail (H2) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

EVIDENCE - Pleadings - Counter affidavits - Refusal of - Propriety - Courts were right to refuse use of the affidavits - Since facts of the matter are not disputed - And arguments were based on law (H5) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

EVIDENCE - Pleadings - Defence of illegality - Proof - Defendant must state facts of the illegality he relies on - And the statute that has been contravened (H2) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

EVIDENCE - Pleadings - Document - Delivery - Onus of proof - In view of pleadings of both parties - Appellant has duty to adduce convincing evidence - That Exhibit 92 was duly delivered to respondent (H7) Tsokwa Oil Marketing Co. Nig. Ltd v. Bank of North Ltd (2002) 5 KLR (pt. 139) 1395; (2002) 11 NWLR (Pt. 777) 163

 

EVIDENCE - Pleadings - Fraud - Allegation of - Proof - Alleged fraud must be expressly pleaded - And with particularity (H4) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Pleadings - Fraud - Proof - Defendant has burden to prove the element of forgery - Otherwise same will not be accepted (H1) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

EVIDENCE - Pleadings - General traverse - Proof - General denial is effective to cast on plaintiffs - Burden of proving allegations denied (H1) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

EVIDENCE - Pleadings - Issues - Proof - Burden of - When issues are joined in pleadings - Evidence is needed to prove same - And duty is on person who raised the issues - To adduce satisfactory evidence (H1) ACB Plc v. Emostrade Ltd (2002) 4 KLR (pt. 137) 959; (2002) 8 NWLR (Pt. 770) 501

 

EVIDENCE - Pleadings - Lack of good faith - Alleged without particulars - Where the allegation is made without particulars - Opponent should ask that same be struck out - But where opponent omits to ask for particulars - Evidence may be given in support of any allegation in the pleadings (H8) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

EVIDENCE - Pleadings - Statement of defence - Issue - Proof - Plaintiff is entitled to lead evidence on a point - Raised in defendant’s pleading (H4) Egesimba v. Onuzuruike (2002) 9-10 KLR (pt. 147) 2877; (2002) 15 NWLR (Pt. 791) 466

 

EVIDENCE - Power of attorney - Admissibility - Commonwealth regions - Evidence Act s.117 - Since the document is admissible in Hong Kong - It is equally admissible in Nigeria (H1) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

EVIDENCE - Previous proceeding - Admission - Conditions - Evidence Act s.34(1) - Before such evidence is admitted - There must be compliance with the statutory provision (H5) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Previous proceeding - Evidence Act s.34(1) - Intendment - The section is not used to avoid hearing de novo - But rather to secure previous evidence - That complements other evidence - Recorded in later proceeding (H6) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

EVIDENCE - Res judicata - Proof - Onus of - Party who sets up the defence - Has the onus to establish - Conditions necessary to sustain the plea (H9) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

EVIDENCE - Sale of goods - Pleadings - Admission - Effect - Since defendant admitted the vehicle price - Further proof of the price is not required (H4) Sabru Motors Nig Ltd v. Rajab Enterprises Nig Ltd (2002) 4 KLR (pt. 137) 1043; (2002) 7 NWLR (Pt. 766) 243

 

EVIDENCE - Stay of execution - Grant - Basis - Unsuccessful litigant must show special or exceptional circumstances - Clearly showing the balance of justice in his favour (H3) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

EVIDENCE - Suspicion - Effect - Suspicion however well placed - Does not amount to prima facie evidence - As prosecution must be wary of being accused of persecution - Rather than prosecution (H10) Abacha v. State (2002) 7 KLR (pt. 143) 2029

 

EVIDENCE - Tainted witnesses - Credibility - Blood relationship of such witnesses with deceased - Does not make the witnesses tainted - Or persons with personal purposes to serve - In respect of offence charged (H1) Akalaonu v. State (2002) 6 KLR (pt. 141) 1729

 

EVIDENCE - Title - Claim by adverse possession - Basis - To succeed claimant must establish - That the title holder has been dispossessed - For the specified statutory period (H5) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

EVIDENCE - Title - Identity of land - Survey plan - Plaintiff must prove identity of the land in dispute - And may rely on survey plan - Where difficulty exists in identifying the land (H5) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

EVIDENCE - Title - Proof - Standard of - Plaintiff is to prove its case on preponderance of evidence - And not beyond reasonable doubt (H5) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

EVIDENCE - Torts - Negligence - Ingredient - Proof - To succeed plaintiff must prove that defendant owed him a duty of care - Which was breached - And that he suffered damages from the breach (H1) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

EVIDENCE - Torts - Negligence - Liability - Proof - For defendant to be liable for negligence - There must be admission by him - Or evidence adduced to support findings of negligence on his part (H2) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

EVIDENCE - Torts - Trespass - Licensee - Proof - Where a visitor fails to prove that he is a licensee or invitee - He is deemed to be a trespasser (H4) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

EVIDENCE - Trademarks - Infringement - Burden of proof - Plaintiff must prove that he has definite cause of action - By showing that Exhibits 2 & 5 are made from Exhibit 1 - And not that the products are merely similar (H4) Uzokwe v. Densy Industries Nig. Ltd. (2002) 7 KLR (pt. 146) 2517; (2002) 2 NWLR (Pt. 752) 528

 

EVIDENCE - Uncontroverted evidence - Effect - Proceedings of 29/01/96 is deemed to have been taken in chambers - As plaintiffs did not dispute same - And being an invalid one - Order made thereat is null and void (H4) Maersk Line v. Addide Invest. Ltd. (2002) 7 KLR (pt. 146) 2783; (2002) 11 NWLR (Pt. 778) 317

 

FAIR HEARING - Appeals - Proceedings - Fair hearing - Absence of - Proper order - When entire proceedings are tainted by unfairness - The proper thing to do is to set aside decision therein (H2) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

FAIR HEARING - Appeals - Proceedings - When issue of fairness of hearing arises - Appellate Court is to see whether the result of the case - Would have been the same even if breach of fair hearing did not occur (H1) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

FAIR HEARING - Breach - Allegation of - Proof - For the allegation to succeed - Defendants must prove real likelihood of bias (H11) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

FAIR HEARING - Breach - Allegation of - The complaint is unmeritorious - As Court of Appeal properly considered arguments of parties - And evidence before its conclusion (H8) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

FAIR HEARING - Breach - Since respondents were not given opportunity to defend themselves - Injunctive order made against them - Violated their right to fair hearing - As enshrined in 1979 Constitution s. 31(1) (H15) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

FAIR HEARING - Charges - Amendment - Appellants were not prejudiced by the fact of amendment - Since trial court adopted a proper procedure (H5) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

FAIR HEARING - Constitution - Breach - Effect - 1979 Constitution s. 33(6)(c) - Trial of appellants is in breach of the section - Hence it is a nullity (H4) Ogboh v. FRN (2002) 4 KLR (pt. 137) 991; (2002) 10 NWLR (Pt. 774) 21

 

FAIR HEARING - Courts - Allegation of breach - Sustainability - Mistake of trial judge in wrong usage of evidence - Did not contravene principles of fair hearing - And will not vitiate the trial proceedings (H4) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

FAIR HEARING - Courts - Bias - Issue of bias cannot be raised - Simply because Akintan JCA had participated in earlier case between the parties - On a different issue (H10) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

FAIR HEARING - Courts - Breach of fair hearing - Allegation of - Sustainability - Respondent was not unfairly treated - Since he did not complain - When first part of the order was complied with (H3) Josiah Cornelius Ltd v. Ezenwa (2002) 6 KLR (pt. 142) 1829; (2002) 16 NWLR (Pt. 793) 298

 

FAIR HEARING - Courts - Pleadings - Limitation - Courts must limit themselves to issues raised by parties in their pleadings - As to do otherwise may result in denial of fair hearing (H2) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

FAIR HEARING - Courts - Right to counsel - Necessity of - Right to counsel is fundamental to fair trial - Hence appellants’ case would have been different - If represented by counsel (H2) Ogboh v. FRN (2002) 4 KLR (pt. 137) 991; (2002) 10 NWLR (Pt. 774) 21

 

FAIR HEARING - Criminal procedure - Charge - Amendment of - Trial of appellant complied with rules of court - Hence here is nothing to justify allegation of unfair hearing (H3) Uguru v. State (2002) 4 KLR (pt. 137) 1065; (2002) 9 NWLR (Pt. 771) 90

 

FAIR HEARING - Criminal procedure - Interpreter - 1979 Constitution s. 33(6)(a)(e) - Failure to provide interpreter where needed - Is breach of the section which is fatal to a criminal trial (H4) Anyanwu v. State (2002) 6 KLR (pt. 141) 1741; (2002) 13 NWLR (Pt. 783) 107

 

FAIR HEARING - Fundamentality of - Breach of fair hearing nullifies the whole proceedings - No matter how well conducted (H1) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

FAIR HEARING - Judgments - Land law - Concurrent decisions - Decisions of lower court arrived at after fair hearing on evidence - Should not to be disturbed - Except if proved to be wrong (H7) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

FAIR HEARING - Land law - Visit to locus in quo - Procedure adopted - Correctness of - Court adopted right procedure during the visit - By giving parties opportunity of being heard (H8) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

FAIR HEARING - Principle - Test - The test is whether justice was done - From the impression of a reasonable person - Present at the trial (H2) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

FAIR HEARING - Right to counsel - Waiver - Appellants did not waive the right - As can be seen from facts of the trial (H3) Ogboh v. FRN (2002) 4 KLR (pt. 137) 991; (2002) 10 NWLR (Pt. 774) 21

 

FAMILY LAW - Courts - Issue for determination - Relevant issue is participation of the sons in burial of their father - As to entitle them to a share in his estate - And not consideration of Ikwerre’s inheritance custom (H3) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

FAMILY LAW - Evidence - Adoption - Proof - 1st respondent has the burden to prove that - The adopted children belong to her deceased husband (H2) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

FAMILY LAW - Family land - Failure to prove partition by plaintiff - Will not be fatal - As other branches of the family - Are not contesting his claim (H1) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

FAMILY LAW - Orders of court - Administration of estate - Beneficiaries - Competence of - Since there was no proof of adoption of the children by deceased - Trial court’s order including them as beneficiaries must be set aside (H3) Olaiya v. Olaiya (2002) 5 KLR (pt. 139) 1339; (2002) 12 NWLR (Pt. 782) 652

 

FRAUD - Evidence - Pleadings - Fraud - Proof - Defendant has burden to prove the element of forgery - Otherwise same will not be accepted (H1) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

FRAUD - Pleadings - Fraud - Allegation of - Proof - Alleged fraud must be expressly pleaded - And with particularity (H4) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

GOVERNMENT - Banking - Federal Mortgage Bank - Status - The bank is mere business organization given functions to perform - As nothing in its Act suggests that it is an agency of the Federal Government (H1) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

GOVERNMENT - Constitutional law - Local Government officials - Tenure - The 3 year tenure prescribed by Decree 36 of 1998 is valid - Since by Interpretation Act s. 6(1)(c) - The repeal of the Decree did not affect right accrued thereunder (H2) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

GOVERNMENT - Legislation - Local Government council - Dissolution - NA has no power except in relation to FCT alone - To make law with respect to prescribing of event - Upon the happening of which LG council stands dissolved (H8) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

GOVERNMENT - Legislation - Local Government officials - Tenure - No law enacted by National Assembly can validly increase or alter - Tenure of the elected officials - Except in relation to the FCT alone (H3) A-G Abia State v. A-G Federation (2002) 7 KLR (pt. 146) 2539; (2002) 6 NWLR (Pt. 763) 264

 

GOVERNMENT - Revenue allocation - Distribution - Local Government Account - Under the 1999 Constitution s. 162(5) - Federal Government cannot validly make direct payment into the account (H1) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

GOVERNMENT - State Joint Local Govt Account - Creation - Under 1999 Constitution s. 4(7) - State House of Assembly is empowered to create the account (H2) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

INFANTS - Actions - On behalf of infants - Proper endorsement was not followed on the court processes - Which default was fundamental and not mere technicality (H5) Sofolahan v. Fowler (2002) 3 KLR (pt. 135) 617; (2002) 14 NWLR (Pt. 788) 664

 

INJUNCTIONS - Actions - Claim - Proof - Since claim for injunction is not founded on declaration sought - And with no facts in support - The claim must be refused (H3) A-G Ogun State v. A-G Federation (2002) 12 KLR (pt. 148) 3021; (2002) 18 NWLR (Pt. 798) 232

 

INJUNCTIONS - Appeals - Orders of court - Mischief - Remedy - Respondent need not appeal to remedy the mischief - Since mandatory injunction can be used - To reverse step taken by appellant (H1) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

INJUNCTIONS - Fair hearing - Breach - Since respondents were not given opportunity to defend themselves - Injunctive order made against them - Violated their right to fair hearing - As enshrined in 1979 Constitution s. 31(1) (H15) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

INJUNCTIONS - Judicial precedents - Authorities - Uhunmwangbo v. Okojie & Hart v. Hart - Decisions in - Supreme Court did not change the law - As to the enforcement of mandatory and restrictive injunctions - But gave proper interpretation of relevant law and rule on the subject (H1) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

 

INJUNCTIONS - Land law - Claim for injunction - Sustainability of - Claim for injunction does not necessarily fail - After claim for title fails - Unless the land is not clearly defined (H5) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

INJUNCTIONS - Land law - Quic Quid plantatur solo solo cedit - Implication - There is no need for special order in respect of the house in issue - Since whatever is planted on land - Accrues to the land (H8) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

INJUNCTIONS - Land law - Title - How to put in issue - Title can be put in issue expressly by pleading ownership - Or impliedly by claiming damages for trespass and injunction (H1) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

INJUNCTIONS - Orders of court - Scope - The order was directed against entire people of Oraukwu - And was not made against non-juristic persons (H11) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

INJUNCTIONS - Perpetual injunction - Grant of - Propriety - No basis exists for the order made against Oraukwu people - Since no evidence or averment in pleadings exist that they are parties to the suits - Or that they are servants of defendants (H2) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

INTERESTS - Damages - Award - Additional interest - Proof - For cross appellant to be awarded additional interest - It must adduce evidence of right to the interest (H4) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

INTERLOCUTORY APPLICATIONS - Courts - Powers - Stay of proceedings - Discretion of court to stay proceedings - Is derived from inherent jurisdiction of court - And such must be sparingly exercised (H7) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

INTERLOCUTORY APPLICATIONS - Determination of - Court should not delve into issues meant for the substantive suit or appeal - When considering interlocutory applications (H10) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

INTERLOCUTORY APPLICATIONS - Jurisdiction - Determination of - Interlocutory stage - Orji’s case - Jurisdiction was rightly decided at that stage - As the case law principle only prohibits determination of merit of substantive action - At interlocutory stage (H6) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

INTERLOCUTORY APPLICATIONS - Stay of execution - Grant - Power to grant or refuse stay of execution of a judgment is discretionary - And must be exercised judicially and judiciously (H1) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

INTERLOCUTORY APPLICATIONS - Stay of execution - Special circumstances - Meaning - Special circumstance is situation that if not addressed - Will destroy subject matter of proceedings - And render nugatory any order of Court of Appeal (H4) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

INTERNATIONAL LAW - Company law - Foreign companies - Right of action - Since Nigeria is part of comity of nations - Foreign corporations should be granted right - To sue and be sued in Nigerian courts (H1) Bank of Baroda v. Iyalabani Co Ltd (2002) 7 KLR (pt. 143) 2153; (2002) 13 NWLR (Pt. 785) 551

 

INTERNATIONAL LAW - Power of attorney - Admissibility - Commonwealth regions - Evidence Act s.117 - Since the document is admissible in Hong Kong - It is equally admissible in Nigeria (H1) Melwani v. Five Star Industries Ltd (2002) 1 KLR (pt. 132) 99; (2002) 3 NWLR (Pt. 753) 217

 

ISLAMIC LAW - Jurisdiction - State High Court - 1999 Constitution s.251 - Where the Constitution confers jurisdiction - Power of court cannot be vitiated - Merely because the matter concerns parties who are Moslems - Provided the matter is not of Islamic personal law (H4) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

JUDGMENTS - Actions - Interlocutory judgment - Correctness of - The judgment is proper - As claims are for unliquidated damages (H1) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDGMENTS - Admiralty - Admiralty Marshal - Duty of - He sells vessel for a reasonable price - And where judgment debtor or creditor conceives that the duty is breached - Remedy is not to seek rectification of bill of sale (H6) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

JUDGMENTS - Appeals - Concurrent judgments - Supreme Court does not interfere - Save there is established miscarriage of justice - Which does not exist in this case (H2) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

JUDGMENTS - Appeals - Courts - Perverse findings - Fate - Court of Appeal gave perverse judgment for defendant - And same must not be allowed to stand (H2) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

JUDGMENTS - Appeals - Cross appeal - Distinctive nature - Cross appeal arises where two parties file appeals against a judgment - And each appeal is independent - Even though both are heard together (H3) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

JUDGMENTS - Appeals - Determination - Propriety - Since the appeal and cross-appeal are based on judgment - Which Supreme Court has set aside - There is no reason to consider the merit therein (H2) Comptroller Nigerian Prisons Services v. Adekanye (3) (2002) 7 KLR (pt. 143) 2219; (2002) 15 NWLR (Pt. 790) 362

 

JUDGMENTS - Appeals - Error - Court of Appeal was in error - When it upheld the plea of res judicata - In favour of respondents (H2) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

 

JUDGMENTS - Appeals - Issues - Determination - Appellate court decides if a decision is right and not reasons for same - Hence misdirection that occasions no injustice is immaterial (H13) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUDGMENTS - Appeals - Issues for determination - Value of - Value of an issue lies in the effect of its resolution in judgment - As same is valueless if the resolution - Will not affect result of an appeal (H2) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

JUDGMENTS - Appeals - Judgments - Reasons for - Appellate court should not be concerned with phrase used by trial judge to describe his reasoning - But should consider whether the reasons are clear - And lead reasonably to the conclusion arrived at (H3) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

JUDGMENTS - Appeals - Leave - Failure to obtain - Effect - Since respondent did not seek leave to appeal against decision of Court Martial - The appeal is incompetent (H6) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

JUDGMENTS - Appeals - Misdirection - Effect - Since trial judge thoroughly evaluated evidence - Any misdirection by Court of Appeal - Will not affect judgment of trial court (H6) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

JUDGMENTS - Appeals - Mistake in judgment - Mistake - Effect - It is not every error in judgment - That results in appeal being allowed - As it is only when such error has occasioned a miscarriage of justice - That appellate court can interfere (H14) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUDGMENTS - Appeals - Notice of appeal - Filing - Computation of time - Appeal from Court of Appeal to Supreme Court is filed within 3 months - Excluding the date judgment was delivered (H1) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

JUDGMENTS - Appeals - Proceedings - Fair hearing - Absence of - Proper order - When entire proceedings are tainted by unfairness - The proper thing to do is to set aside decision therein (H2) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

JUDGMENTS - Appeals - Reversal of Judgment - Correctness of - Judgment of High Court was rightly reversed - As Court of Appeal did not find contradictions in evidence of respondent and his witnesses (H2) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

JUDGMENTS - Appeals - Slip-error - Effect - It is not every slip in judgment that results in allowing of appeal - The slip must occasion a miscarriage of justice (H4) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUDGMENTS - Appeals - Use of the phrase “counter claim” - Is not fatal to judgment of the Court of Appeal - So long as it did not occasion miscarriage of justice (H3) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUDGMENTS - Chieftaincy - Statutes - Chiefs Edict s. 11A - Intendment - The law was enacted to remedy mischief brought about by judgment in suit No. HAD/48/84 - Annulling the reign of an Oba (H10) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

JUDGMENTS - Confinement to issues - Judgments must be confined to issues raised by parties - As court cannot make case for parties - And deliver judgment on same (H1) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUDGMENTS - Contracts - Appeals - Misconception - Effect - Where an appellate court misconceives appellant’s case - Its decision can hardly be right (H5) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

JUDGMENTS - Court - Perverse finding - Effect - Court of Appeal rightly held that the finding did not result in miscarriage of justice - To necessitate the judgment being set aside (H3) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

JUDGMENTS - Court processes - Abuse of - Appellant’s use of ex parte order to obtain release of judgment debt - While an application is pending at Court of Appeal against same - Was intended to render appellate court helpless (H2) Abubakar v. Unipetrol Nig Plc (2002) 4 KLR (pt. 137) 951; (2002) 8 NWLR (Pt. 769) 242

 

JUDGMENTS - Courts - Binding nature of judgments - Once court gives judgment - It becomes functus officio - And cannot reverse same - Except under the very restricted slip rule (H2) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

JUDGMENTS - Courts - Case law - Citation - Court does not confine itself to authorities cited by parties - As it can in an effort to improve its judgment - Rely on authorities not cited by parties (H10) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

JUDGMENTS - Courts - Charges - Amendment of - Criminal Procedure Code s. 208(1) - Empowers court to amend charge - Any time before judgment is delivered (H1) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

JUDGMENTS - Courts - Discretion - Exercise of - Stay of execution - Court will not normally at the instance of unsuccessful litigant - Deprive a successful litigant of fruits of judgment in his favour (H2) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

JUDGMENTS - Courts - Evidence - Admission - Court is not permitted to admit and act on inadmissible evidence - But if such evidence was admitted by overruling an objection - The same must be rejected at final judgment (H4) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

JUDGMENTS - Courts - Power - Stay of execution - Grant - Power to grant or refuse stay of execution of a judgment is discretionary - And must be exercised judicially and judiciously (H1) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

JUDGMENTS - Courts - Review - Instances - Court lacks jurisdiction to review its decision - Except when inter alia the decision is a nullity by breach of procedure - Or when judgment was given in default (H1) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

JUDGMENTS - Criminal procedure - Judgment on no case submission - Propriety - In considering a no case submission - A judge should not write judgment - But a brief ruling - And make no observation on the facts (H2) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

JUDGMENTS - Criminal procedure - Technicality - Effect - Irregularity of writing judgment instead of a ruling - Is not a factor justifying setting aside of verdict - Unless a miscarriage of justice was occasioned (H3) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

JUDGMENTS - Damages - Correctness of judgments - Since appellant raised issue of quantum of damages - Rather than his liability - Judgments arising therefrom are not perverse (H2) Saliba v. Yassin (2002) 2 KLR (pt. 134) 401; (2002) 4 NWLR (Pt. 756) 1

 

JUDGMENTS - Delivery - Against nonparty - Fate - Judgment obtained against a nonparty to proceedings - And is also not caught by estoppel by standing by - Smacks of injustice and ought not to be allowed (H8) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUDGMENTS - Delivery - Time limit - Where an application is made at conclusion of evidence and addresses - Three months period starts from date court adjourns for judgment (H2) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

JUDGMENTS - Dissenting judgment - Status - Dissenting judgment however powerful - Is not the judgment of court - And is therefore not binding (H9) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

JUDGMENTS - Efficacy of - Supreme Court’s concurring opinion - Since issue no. 5 was resolved in a concurring opinion - Failure to consider same in lead judgment - Did not rob the judgment of its efficacy (H4) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

JUDGMENTS - Errors - Correction of - Imposition of sentence under Robbery & Firearms Act s. 2(1) - Was a clerical error made by court - Which can be corrected (H12) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

JUDGMENTS - Estoppel - Plea - Condition precedent - Party relying on the plea must prove sameness of parties and subject matter - And a valid final decision - Delivered by court of competent jurisdiction (H8) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

JUDGMENTS - Finality of - Test - Res judicata - Fadiora v. Gbadebo - If court that gave a decision cannot vary or set aside same - Then such decision is considered as final one (H3) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JUDGMENTS - Interlocutory judgment - Meaning - Judgment is interlocutory only as to amount - But is final as to the right of plaintiff to recover damages (H10) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDGMENTS - Issue - Miscarriage of justice - It is a misdirection to assume that a miscarriage of justice in an issue - Renders other findings in the judgment perverse (H4) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUDGMENTS - Issues - Determination - Obiter dictum - Effect - Such dictum does not decide live issues in a matter - But it is ratio decidendi that decides (H8) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

JUDGMENTS - Justice - Duty to do - Courts are to do substantial justice - And justice is not done - Where judgment is reached based on no facts - Due to wrong procedure adopted by court and parties (H8) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

JUDGMENTS - Land law - Appeals - Validity of Judgment - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

JUDGMENTS - Land law - Concurrent decisions - Decisions of lower court arrived at after fair hearing on evidence - Should not to be disturbed - Except if proved to be wrong (H7) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUDGMENTS - Land law - Conferment of title - The 1957 judgment did not vest title on respondents - Even though claims of appellants were dismissed (H1) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

 

JUDGMENTS - Land law - Locus in quo - Visit to - When irrelevant - Such visit is not necessary - Where identity of land is known to court and parties - And where court’s judgment is not based on impressions from the visit (H5) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

JUDGMENTS - Land law - Root of title - Failure to plead - Effect - Since plaintiff failed to lead evidence of his root of title - Judgment dismissing his claim is proper (H4) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

JUDGMENTS - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

JUDGMENTS - Mortgages - Sale - Setting aside - Correctness of - When a sale is liable to be set aside on any of several grounds - The fact that court included one untenable ground for setting it aside - Does not make its verdict erroneous - Provided that there is a valid ground to sustain the verdict (H10) West African Breweries Ltd v. Savannah Ventures Ltd (2002) 5 KLR (pt. 139) 1447; (2002) 10 NWLR (Pt. 775) 401

 

JUDGMENTS - Perverse decision - Meaning - Decision is perverse when it runs counter to evidence - Where court considered extraneous matters - Or when miscarriage of justice was occasioned (H5) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUDGMENTS - Practice & procedure - Default defence - Judgment - Correctness of - High Court Rules of Lagos O. 24 r. 11 - Court was right to base its decision on statement of claim (H2) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDGMENTS - Ratio decidendi - Failure to set out seriatim - Judgment is not bad because judge fails to set out - Reasons on each complaint (H4) Udeagu v. Nnadi (2002) 12 KLR (pt. 148) 3135; (2002) 18 NWLR (Pt. 798) 103

 

JUDGMENTS - Res judicata - Binding nature - Once judgment is final - Whatever it decided as between parties - Is conclusive and binding (H1) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JUDGMENTS - Res judicata - Plea of - Condition precedent - For there to be valid plea - Judgment being relied upon - Must be a final one (H2) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JUDGMENTS - Slip - Effect - Court of Appeal’s reference to defendants as trespassers - Is a slip which has not occasioned miscarriage of justice (H2) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

JUDGMENTS - Supreme Court - aside its judgment - When such was obtained by fraud - Or when judgment is a nullity - And when the court was misled into giving same (H2) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

JUDGMENTS - Supreme Court - Jurisdiction - Judgment - Setting aside - Supreme Court’s jurisdiction to set aside its judgment - Cannot be converted to an appellate jurisdiction (H5) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

JUDGMENTS - Supreme Court - Powers - Supreme Court Act s. 26 - Even when there is no appeal against sentences - The Court can suo motu correct any error made by Court of Appeal (H13) Balogun v. A-G Ogun State (2002) 2 KLR (pt. 133) 203; (2002) 6 NWLR (Pt. 763) 512

 

JUDGMENTS - Writing of - Basis - Judgment is written based on evidence received - And it is wrong for a judge to write judgment - On evidence Recorded by another judge (H2) Eghobamien v. Federal Mortgage Bank of Nigeria (2002) 7 KLR (pt. 143) 2229; (2002) 17 NWLR (Pt. 797) 488

 

JUDGMENTS - Wrong holding - Land law - Identity of land - Proof - Appellant clearly described the disputed land in exhibit B - Hence Court of Appeal wrongly held that same was not proved (H1) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

JUDICIAL NOTICE - Courts - Record of proceedings - Judicial notice - Record of proceedings - Court will take judicial notice of its own proceedings and records - As well as contents therein (H3) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

JUDICIAL NOTICE - Native law - Proof - Such law and customs must be proved - Except where court has taken judicial notice of them (H4) Nsirim v. Nsirim (2002) 2 KLR (pt. 134) 311; (2002) 3 NWLR (Pt. 755) 697

 

JUDICIAL PRECEDENTS - Actions - Application for committal - Authorities - Distinction - Okotie-Eboh v. Okotie-Eboh - Present action differs from the case law - Because the application was not determined on merit (H10) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

JUDICIAL PRECEDENTS - Actions - Declaration of right - Basis - Wallersteiner v. Moir - Court makes such declaration upon satisfactory evidence - That plaintiff is entitled to such right (H4) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDICIAL PRECEDENTS - Actions - Ekwuno v. Ifejika - Decision reached - Supreme Court did not decide that a number of natural persons - Are not legal personae - And cannot therefore be subject matter of an order of court (H10) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUDICIAL PRECEDENTS - Actions - Limitation period - Denial of - Odubeko v. Fowler - Where plaintiff denies the limitation period - Defendant must prove his averment by evidence (H12) Texaco Panama Inc. v. SPDC (2002) 2 KLR (pt. 134) 419; (2002) 5 NWLR (Pt. 759) 209

 

JUDICIAL PRECEDENTS - Actions - Liquidated damages - Claim for - Odume v. Nnachi - Claim does not become one for liquidated damages - Merely because specific amount of money is claimed (H7) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDICIAL PRECEDENTS - Actions - Orders of court - Enforcement of - Applicable laws - Uhunmwangbo v. Okojie - The relevant laws are Sheriff and Civil Process law s.71 & Judgment Enforcement Rules O.9 r.13 - Hence trial court and Court of Appeal were wrong to have relied on English rules of procedure (H2) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

 

JUDICIAL PRECEDENTS - Appeals - Courts - Issues - Suo motu raising - Propriety - Ojusanya v. Olusanya - Where points are taken suo motu by appellate court - Parties must be given the opportunity to address the court - Before decision is taken on such points (H1) Adeleke v. Raji (2002) 6 KLR (pt. 141) 1703; (2002) 13 NWLR (Pt. 783) 142

 

JUDICIAL PRECEDENTS - Appeals - Courts - Issues - Suo motu raising - Olusanya v. Olusanya - Where appellate court raises point suo motu - Parties must be given opportunity to address court on the points - Before decision is made (H4) Comptroller Nigerian Prisons Services v. Adekanye (1) (2002) 7 KLR (pt. 143) 2185; (2002) 15 NWLR (Pt. 790) 318

 

JUDICIAL PRECEDENTS - Arbitrator - Award - Finality of - Kelantan’s case - Where specific question of construction of a law is referred to arbitrator - His decision on that point cannot be set aside - On the ground that court would have ruled otherwise (H4) Comptoir Commercial Ltd. v. O.S.W.C. (2002) 7 KLR (pt. 146) 2717; (2002) 9 NWLR (Pt. 773) 629

 

JUDICIAL PRECEDENTS - Authorities - Distinction - Anosike v. Igbeke - Since facts in the case law are different from that of present case - The same cannot be applied in this case (H9) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

JUDICIAL PRECEDENTS - Authorities - Distinction - Ogunleye v. Arewa - The case law is inapplicable to present case - As claim herein is for unliquidated damages under High Court Rules of Lagos O. 24 r. 4 (H3) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUDICIAL PRECEDENTS - Authorities - Distinction - Tobby v. The State - Present case is different from the case law - Because evidence abound upon which - Accused can be convicted (H2) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

JUDICIAL PRECEDENTS - Authorities - Uhunmwangbo v. Okojie & Hart v. Hart - Decisions in - Supreme Court did not change the law - As to the enforcement of mandatory and restrictive injunctions - But gave proper interpretation of relevant law and rule on the subject (H1) Adaka v. Anekwe (2002) 6 KLR (pt. 141) 1691; (2002) 12 NWLR (Pt. 781) 409

 

JUDICIAL PRECEDENTS - Bail - Grant - Conditions - Fawehinmi v. The State - Ill health is consideration that justifies - Grant of bail on special circumstances (H2) Abacha v. State (2002) 3 KLR (pt. 135) 483

 

JUDICIAL PRECEDENTS - Company law - Actions - Commencement - Proper party - Foss v. Harbottle - Proper plaintiff in action for wrong done to company - Is the company itself (H1) Haston Nig. Ltd. v. ACB Plc (2002) 7 KLR (pt. 144) 2257; (2002) 12 NWLR (Pt. 782) 623

 

JUDICIAL PRECEDENTS - Courts - Criminal procedure - Retrial order - Principles - Abodunde v. R. - Court should consider the need to balance societal interest - With need to protect accused from oppressive trial (H4) Idakwo v. Ejiga (2002) 7 KLR (pt. 144) 2281; (2002) 13 NWLR (Pt. 783) 156

 

JUDICIAL PRECEDENTS - Estoppel - Res judicata - Principle - Ojo v. Abadie - Once it is clear that the same question is substantially in issue in two suits - Estoppel subsists between parties (H4) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JUDICIAL PRECEDENTS - Judgments - Finality of - Test - Res judicata - Fadiora v. Gbadebo - If court that gave a decision cannot vary or set aside same - Then such decision is considered as final one (H3) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JUDICIAL PRECEDENTS - Jurisdiction - Determination of - Interlocutory stage - Orji’s case - Jurisdiction was rightly decided at that stage - As the case law principle only prohibits determination of merit of substantive action - At interlocutory stage (H6) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JUDICIAL PRECEDENTS - Jurisdiction - Issue - Suo motu raising - Westminster Bank’s case - Court can on its motion object to its jurisdiction - Especially where absence of same is apparent - On the face of the proceedings (H3) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JUDICIAL PRECEDENTS - Land law - Adverse possessor - Right - Agboola v. Abimbola - Right of such possessor to register estate he had acquired - Was recognized in the case (H15) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

JUDICIAL PRECEDENTS - Land law - Courts - Kojo v. Bonsie - Application of - Trial court properly applied the principle - And Court of Appeal erred in its criticism of same (H1) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

JUDICIAL PRECEDENTS - Land law - Interest of - Application - Agboola v. Abimbola - Such interest is applied in favour of a defendant - And not plaintiff claiming title thereby (H14) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

JUDICIAL PRECEDENTS - Land law - Title - Conflicting evidence - Resolution - Since there were competing versions of traditional evidence - The principle in Kojo v. Bonsie is applicable (H3) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

JUDICIAL PRECEDENTS - Land law - Title - Proof - Idundun v. Okumagba - Ownership of land can be proved - By traditional evidence - Document of title - Positive acts of ownership - Acts of long possession - Prove of ownership of adjacent land (H2) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUDICIAL PRECEDENTS - Orders of court - Retrial - Basis - Abodundu v. The Queen - Factors for making the order was set out in the case law - Hence the case law cited by appellant are merely persuasive (H5) Yahaya v. State (2002) 2 KLR (pt. 134) 467; (2002) 3 NWLR (Pt. 754) 289

 

JUDICIAL PRECEDENTS - Pleadings - Traverse - Form of - Lewis & Peat Ltd. v. Akhimien - Traverse must be made either by denial or non admission - Expressly or by necessary implication (H2) Ugochukwu v. Unipetrol Nig Plc (2002) 3 KLR (pt. 135) 631; (2002) 7 NWLR (Pt. 765) 1

 

JUDICIAL PRECEDENTS - Torts - Duty of care - Principle - Donoghue v. Stevenson - A person owes duty of care to his neighbour - Who will be directly affected by his act or omission (H4) Anyah v. Imo Concorde Hotels Ltd (2002) 12 KLR (pt. 150) 3321; (2002) 18 NWLR (Pt. 799) 377

 

JUDICIAL PRECEDENTS - Words & phrases - Public officers - Meaning - Ibrahim v. Judicial Service Committee - Public officers not only refer to natural persons sued in their personal names - But also to artificial persons sued in their official names (H3) FGN v. Zebra Energy Ltd (2002) 12 KLR (pt. 149) 3167; (2002) 18 NWLR (Pt. 798) 162

 

JURISDICTION - Actions - Commencement - Presumption of regularity - Plaintiff who commenced action which on the face is competent - Is deemed to have invoked presumed jurisdiction of court (H3) Mobil Producing Nig Unltd v. LASEPA (2002) 12 KLR (pt. 149) 3223; (2002) 18 NWLR (Pt. 798) 1

 

JURISDICTION - Admiralty - Invocation - Condition precedent - Admiralty jurisdiction of Federal High Court cannot be invoked - Once goods carried by ship have been discharged in the harbour (H2) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (2) (2002) 7 KLR (pt. 145) 2465; (2002) 13 NWLR (Pt. 785) 526

 

JURISDICTION - Appeals - Committal application - Jurisdiction - Court of Appeal Act s.16 - Power exercisable by the court - Does not include what trial court could not have done (H11) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

JURISDICTION - Appeals - Competence - Issues - Propriety of raising - The issue can be raised in Supreme Court - Because appellate court will not exercise jurisdiction - Over person who is not a party to the proceedings (H6) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

JURISDICTION - Appeals - Filing appeal out of time - Effect - Failure to appeal within time - Without obtaining extension of time - Constitutes grave irregularity - That there would be no appeal before court (H2) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

JURISDICTION - Appeals - Fresh issue - Leave - Since Criminal Code s.34 does not affect jurisdiction of court - The issue raised by appellant is a new one - Which requires leave of court (H2) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

JURISDICTION - Appeals - Fresh issue - Need for leave - Leave is required to file and argue fresh issues in Supreme Court - Save issue of jurisdiction - Which can be raised with or without leave - Even for the first time (H1) Obiakor v. State (2002) 6 KLR (pt. 142) 1881; (2002) 10 NWLR (Pt. 776) 612

 

JURISDICTION - Appeals - Parties - Right of appeal - 2nd & 5th defendants are parties for purpose of invoking jurisdiction of Supreme Court - To set aside order resulting from their improper inclusion (H7) A-G Anambra State v. Okeke (2002) 5 KLR (pt. 138) 1099; (2002) 12 NWLR (Pt. 782) 575

 

JURISDICTION - Appeals - Record of appeal - Binding nature - Appellate court must read and interpret record in its exact form - As it has no jurisdiction to read same out of context (H7) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

JURISDICTION - Banking - Courts - Jurisdiction - By virtue of 1979 Constitution s. 230(1)(d) - That specially applied to appellant as a bank - State High Court has jurisdiction over the matter (H2) Fed. Mortgage Bank of Nig. v. Olloh (2002) 7 KLR (pt. 146) 2751; (2002) 9 NWLR (Pt. 773) 475

 

JURISDICTION - Banking - Revocation of licence - BOFID s. 49 provides an ouster clause - Hence plaintiff must show bad faith and element of same in the revocation - In order to confer jurisdiction on court (H5) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JURISDICTION - Contracts - Breach - Determination of jurisdiction - By O.4 r.3 High Court Rules of Anambra State - Jurisdiction can be decided by where contract was made - Where it ought to have been performed - And where defendant resides (H3) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

JURISDICTION - Court processes - Service - Outside jurisdiction - Leave to issue - Lagos High Court Rules O.2 r.4 - Judge should consider the purpose of the rules - In granting or refusing leave - So as to avoid indulging in technicalities (H1) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

JURISDICTION - Court processes - Service - Relevance - Service of writ of summons is condition precedent - To exercise of jurisdiction by court - Out of whose registry the process was issued (H7) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

JURISDICTION - Court processes - Service outside jurisdiction - Validity - The issue of the summons was valid - Though without obtaining leave - Since there is an address for service within Nigeria (H2) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

JURISDICTION - Courts - Exercise of discretion - Correctness of - Service of process outside jurisdiction - Trial judge exercised discretion properly - By ordering the service - Though no leave was obtained before it was issued (H3) Caribbean Trading & Fidelity Corp. v. NNPC (2002) 5 KLR (pt. 138) 1169; (2002) 14 NWLR (Pt. 786) 133

 

JURISDICTION - Courts - Issues - Binding nature of - Court cannot grant party relief not sought - As it has no jurisdiction to set up different or new case - For parties (H5) Nigerian Air Force v. Shekete (2002) 12 KLR (pt. 149) 3257

 

JURISDICTION - Courts - Issues - Determination - Statutory interpretation and jurisdiction - Court can consider the issues based on pleadings - Without calling for further evidence - Except when inevitable (H5) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

JURISDICTION - Courts - Joinder of party - Application to strike out - Competence - Since court lacks jurisdiction to review its decision - Application to strike out name of party earlier added - Is incompetent (H3) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

JURISDICTION - Courts - Judgments - Review - Instances - Court lacks jurisdiction to review its decision - Except when inter alia the decision is a nullity by breach of procedure - Or when judgment was given in default (H1) Onwuka v. Maduka (2002) 9-10 KLR (pt. 147) 2951; (2002) 18 NWLR (Pt. 799) 586

 

JURISDICTION - Courts - Powers - Stay of proceedings - Discretion of court to stay proceedings - Is derived from inherent jurisdiction of court - And such must be sparingly exercised (H7) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

 

JURISDICTION - Determination - Basis - Jurisdiction of Awka High Court over the suit - Shall be determined from oral or affidavit evidence available (H1) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

JURISDICTION - Determination of - Interlocutory stage - Orji’s case - Jurisdiction was rightly decided at that stage - As the case law principle only prohibits determination of merit of substantive action - At interlocutory stage (H6) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JURISDICTION - Documents - Murder - Autopsy report - Failure to call maker - It is not imperative to call a maker named under Evidence Act s.42 - Though court has jurisdiction on application of a party - To summon such maker (H3) Nwachukwu v. State (2002) 7 KLR (pt. 144) 2361; (2002) 12 NWLR (Pt. 782) 543

 

JURISDICTION - Documents - Non contractual document - Rectification - Where document is not contractual - Court may enquire whether party seeking its rectification - Has sufficient interest to invoke jurisdiction of court (H4) The Vessel “Leona II” v. First Fuels Ltd (2002) 12 KLR (pt. 150) 3443; (2002) 18 NWLR (Pt. 799) 439

 

JURISDICTION - Estoppel - Plea - Condition precedent - Party relying on the plea must prove sameness of parties and subject matter - And a valid final decision - Delivered by court of competent jurisdiction (H8) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

JURISDICTION - Federal High Court - 1979 Constitution s.230 - The section confers exclusive jurisdiction on the court - Since defendant is an agency of Federal Government (H1) NEPA v. Edegbero (2002) 12 KLR (pt. 150) 3399; (2002) 18 NWLR (Pt. 798) 79

 

JURISDICTION - Federal High Court - Admiralty jurisdiction of the court cannot be invoked - Once goods carried by a ship have been discharged - Or delivered to destination point of the cargo (H1) Texaco Overseas Petroleum Co. Unltd. v. Pedmar Nig Ltd (1) (2002) 7 KLR (pt. 145) 2449

 

JURISDICTION - Fundamental nature of - Matter of jurisdiction if raised in good time - Must be determined first by court - To avert possibility of nullity of trial (H2) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

JURISDICTION - Fundamentality of - Issue of jurisdiction can be raised at any stage even on appeal - And any objection to it must be taken at earliest time - Before further step is taken in the proceedings (H2) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JURISDICTION - Issue - Objection to - Jurisdiction can be taken on the basis of statement of claim - Evidence received - Or by motion supported by affidavit - Giving facts upon which reliance is placed (H4) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JURISDICTION - Issue - Suo motu raising - Westminster Bank’s case - Court can on its motion object to its jurisdiction - Especially where absence of same is apparent - On the face of the proceedings (H3) NDIC v. CBN (2002) 7 KLR (pt. 146) 2697; (2002) 7 NWLR (Pt. 766) 272

 

JURISDICTION - Issue of - When to raise - Jurisdiction can be raised any time during trial - But where it is new issue in an appellate court - Proper application must be made to raise it as a ground of appeal (H3) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

JURISDICTION - Miscellaneous Offences Tribunal - Arson - Special Tribunal Decree 1984 s. 3(4)(a) - Interpretation - Learned trial judge construed the section before applying s. 8(1) of the Decree (H1) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

JURISDICTION - Orders of court - Setting aside - Where there is fundamental defect which goes to issue of jurisdiction - Court may regard order made as nullity - And set same aside upon application (H8) Auto Import Export v. Adebayo (2002) 12 KLR (pt. 150) 3353; (2002) 18 NWLR (Pt. 799) 554

 

JURISDICTION - Orders of court - Where court has jurisdiction to make an order - The fact that its power was invoked under wrong rule - Is not ground for refusal (H13) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JURISDICTION - Ouster clause - Special Tribunal Decree 1984 s. 8(1) - The section stipulates that where the tribunal acts within its jurisdiction - No proceeding shall be instituted in any court - On account of any thing done pursuant to the Decree (H4) Onyeanusi v. Misc. Offences Tribunal (2002) 5 KLR (pt. 139) 1371; (2002) 12 NWLR (Pt. 781) 227

 

JURISDICTION - Proof - Burden of - Since respondent asserted that Awka High Court was proper venue for the suit - Burden is on him to prove same (H2) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

JURISDICTION - Proof - Unless respondent clearly shows that he resided within jurisdiction of Awka High Court - The case cannot be heard by the court (H4) Okafor v. Ezenwa (2002) 7 KLR (pt. 145) 2397; (2002) 13 NWLR (Pt. 784) 319

 

JURISDICTION - Res judicata - Estoppel - Issue estoppel - Applicability - Since issue of jurisdiction has been finally determined - Appellant was rightly estopped from raising the same issue (H6) Onyeabuchi v. INEC (2002) 4 KLR (pt. 137) 1023; (2002) 8 NWLR (Pt. 769) 417

JURISDICTION - State High Court - 1999 Constitution s.251 - Where the Constitution confers jurisdiction - Power of court cannot be vitiated - Merely because the matter concerns parties who are Moslems - Provided the matter is not of Islamic personal law (H4) Abdulsalami v. Salawu (2002) 6 KLR (pt. 141) 1675; (2002) 13 NWLR (Pt. 785) 505

 

JURISDICTION - Supreme Court - Judgment - Setting aside - Supreme Court’s jurisdiction to set aside its judgment - Cannot be converted to an appellate jurisdiction (H5) Igwe v. Kalu (2002) 7 KLR (pt. 144) 2293

 

JUSTICE - Actions - Courts - Justice delivery - Courts should aim at doing substantial justice - And allow formal amendments - Necessary for achievement of justice (H2) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

JUSTICE - Actions - Public policy - Consideration of - Court should consider whether to allow a claim will be contrary to public policy - Or a denial of same will amount to injustice (H8) Onwuchekwa v. NDIC (2002) 2 KLR (pt. 134) 367; (2002) 5 NWLR (Pt. 760) 371

 

JUSTICE - Appeals - Concurrent findings - Supreme Court does not interfere - Unless there is some miscarriage of justice - Or violation of principle of law or procedure (H1) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

JUSTICE - Appeals - Concurrent findings - Supreme Court does not interfere - Save the findings are found to be perverse - Or has caused a miscarriage of justice (H2) Adeleke v. Asani (2002) 4 KLR (pt. 137) 973; (2002) 8 NWLR (Pt. 768) 26

 

JUSTICE - Appeals - Concurrent findings - Supreme Court will not interfere - Since the findings are not perverse - And has not led to miscarriage of justice (H3) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

JUSTICE - Appeals - Concurrent judgments - Supreme Court does not interfere - Save there is established miscarriage of justice - Which does not exist in this case (H2) Arowolo v. Ifabiyi (2002) 2 KLR (pt. 133) 165; (2002) 4 NWLR (Pt. 757) 356

 

JUSTICE - Appeals - Court - Findings - Misdirection in - Conclusion made by Court of Appeal is a misdirection - Which has occasioned a miscarriage of justice (H1) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

JUSTICE - Appeals - Court of Appeal - Exercise of discretion - Correctness of - The court exercised its discretion judicially and judiciously - In accordance with justice and relevant considerations (H6) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

JUSTICE - Appeals - Exercise of discretion - Where Court of Appeal in exercise of its discretion orders a retrial - Supreme Court will not interfere - Save where such discretion was contrary to justice (H4) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

JUSTICE - Appeals - Judgments - Slip-error - Effect - It is not every slip in judgment that results in allowing of appeal - The slip must occasion a miscarriage of justice (H4) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUSTICE - Appeals - Judgments - Use of the phrase “counter claim” - Is not fatal to judgment of the Court of Appeal - So long as it did not occasion miscarriage of justice (H3) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUSTICE - Appeals - Technicality - Appellate courts must not be strict with technicality - As the object of a trial - Is to fairly adjudicate upon dispute between parties (H2) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

JUSTICE - Charges - Amendment - Vital consideration - Amendment can be made suo motu by court - Or on application by prosecution - Provided injustice is not done to accused (H2) Princent v. State (2002) 12 KLR (pt. 150) 3417; (2002) 18 NWLR (Pt. 798) 49

 

JUSTICE - Charges - Duplicity - Effect on conviction - A conviction will not be quashed - Merely on the ground of duplicity of charge - Unless a miscarriage of justice has occurred (H2) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

JUSTICE - Courts - Duty to do justice - Courts are to do substantial justice - And justice is not done - Where judgment is reached based on no facts - Due to wrong procedure adopted by court and parties (H8) Shanu v. AfriBank Nig Plc (2002) 6 KLR (pt. 142) 1977; (2002) 17 NWLR (Pt. 795) 185

 

JUSTICE - Courts - Issues - Failure to determine - Effect - Failure to consider all issues joined by parties - May or may not result in setting aside decision reached - Depending on whether miscarriage of justice is occasioned (H1) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUSTICE - Courts - Native courts - Need to do justice - The courts are to do justice in terms of issue in controversy - As disclosed by writ and evidence - And not to consider technicalities (H4) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

JUSTICE - Courts - Native Courts - Proceedings of the courts - Are to be considered liberally - To determine whether substantial justice has been done to parties - Within the permitted procedure (H1) Onwunama v. Ezeokoli (2002) 2 KLR (pt. 134) 387; (2002) 5 NWLR (Pt. 760) 333

 

JUSTICE - Criminal procedure - Judgment - Technicality - Effect - Irregularity of writing judgment instead of a ruling - Is not a factor justifying setting aside of verdict - Unless a miscarriage of justice was occasioned (H3) Emedo v. State (2002) 7 KLR (pt. 143) 2239; (2002) 15 NWLR (Pt. 789) 196

 

JUSTICE - Fair hearing - Principle - Test - The test is whether justice was done - From the impression of a reasonable person - Present at the trial (H2) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

JUSTICE - Judgments - Appeals - Issues - Determination - Appellate court decides if a decision is right and not reasons for same - Hence misdirection that occasions no injustice is immaterial (H13) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUSTICE - Judgments - Court - Perverse finding - Effect - Court of Appeal rightly held that the finding did not result in miscarriage of justice - To necessitate the judgment being set aside (H3) Onakoya v. FRN (2002) 6 KLR (pt. 142) 1897; (2002) 11 NWLR (Pt. 779) 595

 

JUSTICE - Judgments - Delivery - Against nonparty - Fate - Judgment obtained against a nonparty to proceedings - And is also not caught by estoppel by standing by - Smacks of injustice and ought not to be allowed (H8) Ndulue v. Igwalazi-Okwe (2002) 5 KLR (pt. 139) 1313; (2002) 12 NWLR (Pt. 780) 139

 

JUSTICE - Judgments - Issue - Miscarriage of justice - It is a misdirection to assume that a miscarriage of justice in an issue - Renders other findings in the judgment perverse (H4) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUSTICE - Judgments - Perverse decision - Meaning - Decision is perverse when it runs counter to evidence - Where court considered extraneous matters - Or when miscarriage of justice was occasioned (H5) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUSTICE - Judgments - Slip - Effect - Court of Appeal’s reference to defendants as trespassers - Is a slip which has not occasioned miscarriage of justice (H2) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

JUSTICE - Land law - Title - Proof of - Appellants failed to prove their root of title - And no miscarriage of justice occurred in the case - Since Court of Appeal properly considered judgment of trial court (H3) Ezekude v. Odogwu (2002) 7 KLR (pt. 144) 2249; (2002) 13 NWLR (Pt. 784) 366

 

JUSTICE - Miscarriage of justice - Basis - To constitute miscarriage of justice - There must be a departure from rules - Which permeates all judicial procedure (H6) Uka v. Irolo (2002) 7 KLR (pt. 145) 2483; (2002) 14 NWLR (Pt. 786) 195

 

JUSTICE - Rules of court - Binding nature of - Court and parties are bound by the rules - And any complaint on procedural irregularity succeeds on appeal - If same caused miscarriage of justice (H5) Maja v. Samouris (2002) 3 KLR (pt. 135) 547; (2002) 7 NWLR (Pt. 765) 78

 

JUSTICE - Statutes - Interpretation - Meaning of Chiefs Edict s.11A is unambiguous - And its application to facts of the case - Could not have resulted in injustice (H8) Adewunmi v. A-G Ekiti State (2002) 1 KLR (pt. 132) 39; (2002) 2 NWLR (Pt. 751) 474

 

JUSTICE - Stay of execution - Grant - Basis - Unsuccessful litigant must show special or exceptional circumstances - Clearly showing the balance of justice in his favour (H3) Fatoyinbo v. Osadeyi (2002) 5 KLR (pt. 138) 1211; (2002) 11 NWLR (Pt. 778) 384

 

LAND LAW - Acquisition - Proof - Appellant has burden to prove that he acquired land on Kaduna Street - And that the land in dispute is that land (H2) Onwuchekwa v. Ezeogu (2002) 9-10 KLR (pt. 147) 2939; (2002) 18 NWLR (Pt. 799) 333

 

LAND LAW - Actions - Courts - Land law - Locus in quo - Visit to - Exercise of discretion - Order to conduct the visit in action de novo is inappropriate - As new trial judge has discretion whether or not to conduct such visit (H7) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

LAND LAW - Adverse possession - Proof - Onus is on claimant -To prove that title holder has been dispossessed - And not merely that claimant has been in possession for the requisite number of years (H8) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Adverse possession - What amounts to dispossession - There must be an abandonment of the actual or legal possession - And not mere non usage of the land (H7) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Adverse possessor - Right - Agboola v. Abimbola - Right of such possessor to register estate he had acquired - Was recognized in the case (H15) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Appeal - Retrial - Correctness of - As identity of the land was clearly proved - And judging from among other findings of CA not yet appealed against - Order for a trial de novo should be proper (H2) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

LAND LAW - Appeals - Court - Germane issue - Controversial issue is determination of boundary between parties - But trial judge missed same - And thus arrived at erroneous decision (H1) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

LAND LAW - Appeals - Courts - Findings of facts - Court of Appeal erred by dismissing the cross-appeal - And proper finding of trial court should be - That Owerre deforested the land in dispute (H7) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

LAND LAW - Appeals - Decision of trial court - Interference - Since the court rightly dismissed plaintiff’s claim to title - Court of Appeal was wrong to have interfered with same (H5) Okhuarobo v. Aigbe (2002) 3 KLR (pt. 135) 573; (2002) 9 NWLR (Pt. 771) 29

 

LAND LAW - Appeals - Evidence - Rejection of - Propriety - Court of Appeal was wrong to reject plaintiffs’ traditional history - Without considering whether or not they were physically on the land (H6) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

LAND LAW - Appeals - Reevaluation - Correctness of - Court of Appeal rightly reevaluated the evidence - By being satisfied that respondents had proved title to the land (H3) Awara v. Alalibo (2002) 12 KLR (pt. 148) 3075; (2002) 18 NWLR (Pt. 799) 484

 

LAND LAW - Appeals - Visit to locus - Findings - Where parties were given equal opportunity at the locus to prove their case - Appellate court will not interfere with findings arising therefrom (H6) Orugbo v. Rauna (2002) 9-10 KLR (pt. 147) 2963; (2002) 16 NWLR (Pt. 792) 175

 

LAND LAW - Contract - Conveyance - Validity - Plaintiff did not acquire any interest in the property - As the sale was void ab initio - By reason of lack of consent of the co heirs (H5) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

LAND LAW - Conveyance - Jointly owned property - Defendant rightly contended that the sale was subject to ratification - As both Exhibit 2 & original C of O - Did not show that the property exclusively belonged to defendant (H3) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

LAND LAW - Conveyance - Specific performance - Sustainability - The order ought not to have been made - As a person who does not own a property cannot be compelled to convey same (H7) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

LAND LAW - Conveyance - Unpleaded evidence - Weight - Evidence of PW3 & 4 that consent of co heirs was obtained prior to the sale is inadmissible - Since it was not pleaded by plaintiff (H6) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

LAND LAW - Courts - Finding of trial judge - Correctness of - Trial judge was right in his finding - That Evidence Act s. 46 operated more in favour of respondents than appellants (H5) Ezeokonkwo v. Okeke (2002) 5 KLR (pt. 138) 1185; (2002) 11 NWLR (Pt. 777) 1

 

LAND LAW - Courts - Findings of fact - Findings made by trial judge - And affirmed by Court of Appeal - Have not been shown to be perverse (H4) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

LAND LAW - Courts - Issue for determination - Relevant issue is participation of the sons in burial of their father - As to entitle them to a share in his estate - And not consideration of Ikwerre’s inheritance custom (H3) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

LAND LAW - Courts - Judicial precedents - Kojo v. Bonsie - Application of - Trial court properly applied the principle - And Court of Appeal erred in its criticism of same (H1) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

LAND LAW - Established title - Evidence of possession - Title holder does not need to adduce evidence of physical acts of possession - To show that he is in possession of his land (H11) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Evidence - Admissibility - Part of plaintiff’s evidence would have been admissible - If a reply was filed setting out its knowledge of the joint ownership of the property - And that it took precaution to secure consent of co heirs (H2) Mohammed v. Klargester Nig. Ltd. (2002) 7 KLR (pt. 146) 2835; (2002) 14 NWLR (Pt. 787) 335

 

LAND LAW - Family land - Failure to prove partition by plaintiff - Will not be fatal - As other branches of the family - Are not contesting his claim (H1) Onigbede v. Balogun (2002) 2 KLR (pt. 134) 337; (2002) 6 NWLR (Pt. 762) 1

 

LAND LAW - First registration - Defective title - It is improper to register such title - Because a registered document is indefeasible - Except rectified under very restricted conditions (H4) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - First registration - Documents of title - Validity - Where the registrar is not satisfied with the evidence of title - Application for registration shall be dismissed (H3) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - First registration - Sufficiency of - Applicant brought himself within circumstances which made first registration compulsory - Hence he was duly registered under the law (H2) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Identity of land - Issue of identity of land arises - Where defendant raises same in statement of defence - By specifically disputing the location as described in statement of claim (H4) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

LAND LAW - Identity of land - Onus of proof - Since appellant alleged that identity of the disputed land is not the same - He has duty to lead evidence - For superimposition of survey plan (H6) Igwe v. Kalu (2002) 2 KLR (pt. 133) 227

 

LAND LAW - Identity of land - Proof - Appellant clearly described the disputed land in exhibit B - Hence Court of Appeal wrongly held that same was not proved (H1) Ewuoso v. Fagbemi (2002) 7 KLR (pt. 146) 2737; (2002) 7 NWLR (Pt. 767) 562

 

LAND LAW - Identity of land - Proof - Where boundaries of land is in dispute - Plaintiff who relies on a plan must show that same - Corresponds with the area in dispute (H5) Adenle v. Olude (2002) 9-10 KLR (pt. 147) 2859; (2002) 18 NWLR (Pt. 799) 413

 

LAND LAW - Identity of land - Survey plan - Proof - Plaintiff has onus to show that his plan corresponds with the land - To which he lays claim (H3) Onwuchekwa v. Ezeogu (2002) 9-10 KLR (pt. 147) 2939; (2002) 18 NWLR (Pt. 799) 333

 

LAND LAW - Inheritance - Appeals - Judgment - Validity of - Since judgment of Court of Appeal is not perverse - It rightly held that High Court wrongly rejected - Evidence of how respondent inherited the land (H5) Akulaku v. Yongo (2002) 2 KLR (pt. 133) 137; (2002) 5 NWLR (Pt. 759) 135

 

LAND LAW - Injunction - Claim for - Sustainability of - Claim for injunction does not necessarily fail - After claim for title fails - Unless the land is not clearly defined (H5) Ajukwara v. Izuoji (2002) 6 KLR (pt. 141) 1715

 

LAND LAW - Injunctions - Quic Quid plantatur solo solo cedit - Implication - There is no need for special order in respect of the house in issue - Since whatever is planted on land - Accrues to the land (H8) Orianwo v. Okene (2002) 6 KLR (pt. 142) 1945; (2002) 14 NWLR (Pt. 786) 156

 

LAND LAW - Judgment - Conferment of title - The 1957 judgment did not vest title on respondents - Even though claims of appellants were dismissed (H1) Nwokedi v. Okugo (2002) 7 KLR (pt. 145) 2389; (2002) 16 NWLR (Pt. 794) 441

 

LAND LAW - Judgments - Concurrent decisions - Decisions of lower court arrived at after fair hearing on evidence - Should not to be disturbed - Except if proved to be wrong (H7) Agbeje v. Ajibola (2002) 1 KLR (pt. 132) 79; (2002) 2 NWLR (Pt. 750) 127

 

LAND LAW - Leases - Validity - Commencement date - Where not expressly stated - Effect - The date is made certain by contingency - Although not expressed (H2) Bosah v. Oji (2002) 3 KLR (pt. 135) 513; (2002) 6 NWLR (Pt. 762) 137

 

LAND LAW - Leases - Validity - Condition precedents - Term of the lease as well as its commencement date - Must be capable of being ascertained (H1) Bosah v. Oji (2002) 3 KLR (pt. 135) 513; (2002) 6 NWLR (Pt. 762) 137

 

LAND LAW - Legal estate in fee - Obtained by adverse possession - Proof - Such possessor must prove that he has extinguished right of every other person - Challenging his absolute ownership in fee (H9) Abiade v. Abina (2002) 1 KLR (pt. 132) 1

 

LAND LAW - Locus in quo - Visit to - Purpose - The visit is made to clear doubts about conflicting evidence of parties - As to state of facts relating to property in issue (H6) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

LAND LAW - Locus in quo - Visit to - When irrelevant - Such visit is not necessary - Where identity of land is known to court and parties - And where court’s judgment is not based on impressions from the visit (H5) Obi v. Mbionwu (2002) 6 KLR (pt. 142) 1857

 

LAND LAW - Possession - Proof - Apart from physical acts of possession - Demarcation of land with survey beacons or pegs - Is enough act of possession (H10) Abiade v. Abina (2002) 1 KLR